Serious Criminal Defence.
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Call a Chinese criminal defence lawyer immediately. Time is critical. A lawyer can visit the detention centre, verify your family member's condition, explain their rights, and begin protecting their interests. Contact the person's embassy or consulate — they are entitled to consular notification and assistance. Avoid discussing the case details with anyone other than the lawyer.

China provides court-appointed lawyers (legal aid) only in limited circumstances — typically for defendants who may face life imprisonment or the death penalty, or who cannot afford counsel. Court-appointed lawyers may not speak English. For foreign nationals, retaining an experienced private criminal defence lawyer who speaks English is strongly recommended. Your consulate can provide a list of lawyers but cannot directly represent the accused.

Yes. Release on bail pending trial (qu bao hou shen) is available in China, including for foreign nationals. The key factors are: the severity of the alleged offence, flight risk, and whether the person has a guarantor or can post a bail bond. Applications are more likely to succeed early in the investigation stage. Our lawyers prepare and submit bail applications with supporting documentation to maximise the chance of success.

Criminal detention (xing shi ju liu) can last up to 37 days before formal arrest. After arrest, investigation can take 2–7 months depending on the complexity of the case. The total pre-trial detention period varies significantly. Early legal intervention is important to prevent unnecessarily prolonged detention.

Under Chinese law, a detained foreign national has the right to: be informed of the charges in a language they understand; appoint a defence lawyer from the date of first interrogation; have their consulate notified within 24 hours of detention; receive consular visits; request an interpreter during all proceedings; refuse to answer questions unrelated to the case; review and correct interrogation records; and apply for release on bail pending trial. Ensuring these rights are respected is a central function of early legal representation.

Criminal detention (xing shi ju liu) is an investigative measure in criminal proceedings, authorised by police under the Criminal Procedure Law. It can lead to formal arrest, prosecution, and a criminal record. Administrative detention (xing zheng ju liu) is imposed by police under the Public Security Administration Punishment Law for minor infractions — typically 1–15 days — and does not create a criminal record. However, a foreign national may face deportation after either type. Early identification of which system applies is essential for an effective legal strategy.

You can retain a Chinese criminal lawyer remotely. The process typically involves: (1) contacting the law firm by phone, email, or WhatsApp; (2) providing the detainee's full name, passport number, and the detaining authority if known; (3) signing a power of attorney — which may require notarisation or consular authentication depending on your jurisdiction; (4) paying the retainer fee via international wire transfer. We guide families through each step and can usually arrange the first detention centre visit within 24–48 hours of receiving the signed power of attorney.

Legal fees for criminal defence in China vary depending on the complexity of the case, the stage at which the lawyer is retained, the seniority of counsel, and the geographic location. Most firms charge by the procedural stage (investigation, prosecution review, trial) or on a flat-fee basis for the entire case. While quality representation involves a meaningful investment, early engagement of counsel is often more cost-effective than late-stage intervention — when options are more limited and the procedural record is already set. We provide transparent fee estimates during the initial consultation.

After conviction and sentencing, a foreign national will serve their sentence in a Chinese prison. Upon completion of the sentence, they are typically deported and may face a re-entry ban of 1–5 years or permanently, depending on the offence. China has prisoner transfer treaties with over 20 countries, allowing eligible foreign nationals to apply to serve the remainder of their sentence in their home country. A criminal record in China may also have immigration consequences for travel to other countries. We advise on post-conviction options including appeals, sentence reduction, and prisoner transfer applications.

Yes, family members can typically send money and certain items to detainees, but the rules vary by detention centre. Generally, you can deposit money into the detainee's account for purchasing food, toiletries, and other essentials at the detention centre shop. Clothing without zippers, buttons, or drawstrings may be accepted. Books may be permitted subject to content review. Food, electronics, and medicines are generally not accepted. We can advise on the specific rules for the facility where your family member is held and help coordinate delivery.

Do not attempt to contact the police or prosecutor directly to argue the case — statements made without legal advice can harm the defence. Do not discuss the case on social media. Do not attempt to transfer money to police officers or officials. Do not try to send prohibited items to the detention centre. Do not assume the case will resolve quickly or that the consulate can secure release. The single most important step is to engage an experienced criminal defence lawyer without delay.

China has a plea leniency system (ren zui ren fa — "admit guilt and accept punishment") that allows defendants who voluntarily confess, accept the proposed sentence, and agree to expedited proceedings to receive a sentence reduction of up to 30%, or even non-prosecution in minor cases. Unlike plea bargaining in common law systems, there is no negotiation over charges — the system focuses on sentence reduction in exchange for procedural cooperation. A lawyer can advise whether the plea leniency route is advantageous in a particular case.

A typical criminal case in China takes approximately 6–12 months from arrest to first-instance judgment, though complex cases — particularly those involving foreign nationals, multiple defendants, or cross-border elements — may take 12–18 months or longer. The investigation stage generally lasts 2–7 months after formal arrest; prosecution review typically takes 1–3 months; and the court phase usually concludes within 1–3 months for first instance. Appeals add additional time. Early legal involvement can help prevent unnecessary procedural delays.

Police interrogations in China must be conducted by at least two officers, generally at a police station or detention centre. The interrogation must not exceed 12 consecutive hours (24 hours in complex cases where detention is contemplated). The suspect has the right to rest, eat, and drink. Interrogation records must be reviewed and signed by the suspect, who may refuse to sign if the record is inaccurate. For foreign nationals, an interpreter should be provided. Audio or video recording is required for serious offences. A lawyer cannot be present during interrogation, but can advise the suspect before and after.

China has extradition treaties with approximately 40 countries. Under China's Extradition Law, extradition requires dual criminality — the conduct must constitute a crime in both China and the requesting state — and is subject to exceptions for political offences, military offences, and where the person may face torture or the death penalty. China does not extradite its own nationals. If a foreign national is facing an extradition request while in Chinese criminal proceedings, the domestic case typically takes priority. An experienced lawyer can challenge extradition on legal grounds and coordinate with the home country's consulate.

An exit ban (xian zhi chu jing) is a measure that prevents a person from leaving China while a criminal investigation or proceedings are ongoing. It may be imposed by police, procuratorate, or court. For foreign nationals, an exit ban often accompanies bail pending trial — the person's passport is surrendered, and they cannot leave China until the case is resolved. Exit bans can also be imposed in civil and administrative matters. If you are subject to an exit ban, your lawyer can assess the legal basis, determine the issuing authority, and in some cases apply for its removal.

Yes. Our practice covers the entire Guangdong province, including Shenzhen, Dongguan, Foshan, Zhuhai, Huizhou, Zhongshan, Jiangmen, and the broader Pearl River Delta and Greater Bay Area. We regularly appear before courts and visit detention centres across the region. For cases in other provinces, we can either handle them directly or coordinate with trusted local counsel, depending on the specific circumstances and the client's needs.

Our lawyers and paralegals communicate fluently in English and Chinese. We explain Chinese criminal procedure, evidence, and strategy entirely in English — no translator needed. This ensures clients and their families understand exactly what is happening at every stage. When court proceedings require Chinese, we manage all interpretation and ensure nothing is lost in translation.

Yes. Under the PRC Lawyers Law and Criminal Procedure Law, communications between a lawyer and client are protected by legal professional privilege. A lawyer has the right to meet with a detained client in confidence, and lawyer-client meetings shall not be monitored. A lawyer may not disclose information learned from the client during representation. There are limited statutory exceptions — a lawyer must report if a client intends to commit a crime endangering national security or public safety. In practice, maintaining confidentiality is a core professional obligation of Chinese criminal defence lawyers.