International Prisoner Transfer from China: Serving a Chinese Sentence at Home
China has entered into bilateral prisoner transfer treaties with over 20 countries, including Australia, Canada, France, Germany, Japan, Portugal, Russia, South Korea, Spain, Ukraine, and the United Kingdom. These treaties allow a foreign national convicted and imprisoned in China to apply for transfer to their home country to serve the remainder of their sentence. For many foreign families, this is the most important post-conviction relief.
Eligibility Requirements
Typical treaty requirements include: the person must be a national of the receiving state; the judgment must be final and binding; the remaining sentence must be at least 6 months to 1 year at the time of application; the conduct constituting the offence must also be criminal in the receiving state (dual criminality); the sentenced person must consent to transfer; and both China and the receiving state must agree.
The Application Process
The sentenced person, their family, or their lawyer may initiate the process by contacting the consulate of their home country in China. The consulate communicates with its own Ministry of Justice, which then makes a formal request to China's Ministry of Justice under the treaty. China's Ministry of Justice reviews and decides. The process typically takes 6–18 months from application to transfer.
Key Strategic Point
Prison conditions, communication with family, and sentence reduction opportunities are almost always better in the home country. For foreign nationals facing lengthy sentences, transfer should be considered early — the application takes time, and the person must still serve the period in China while it is processed. See prison conditions in China and sentence reduction options.
Related: Prison Conditions → | Sentence Reduction → | Criminal Record Consequences →