The Right to Defence Counsel in China: When It Attaches and How to Exercise It

The Right to Defence Counsel in China: When It Attaches and How to Exercise It

The right to legal representation in Chinese criminal proceedings is established by Criminal Procedure Law, Articles 34–43 [CN official] and the Lawyers Law [CN official]. Understanding when this right attaches, what a lawyer can and cannot do, and how to exercise the right effectively is fundamental for foreign nationals and their families.

When the Right Attaches

A suspect has the right to appoint a defence lawyer from the date of first interrogation or imposition of compulsory measures. If the suspect is in detention, their family may commission a lawyer on their behalf. The lawyer must present a practice certificate, law firm certificate, and power of attorney to the investigating authority. See our detailed guide to hiring a lawyer from overseas.

Legal Aid for Foreign Nationals

Under Article 35, legal aid is available for defendants facing life imprisonment or the death penalty who have not retained counsel. For foreign nationals, court-appointed legal aid lawyers rarely speak English and may not have experience with cross-border cases. Retaining private English-speaking counsel is strongly recommended. See legal aid vs. private lawyer.

Primary legislation: Criminal Procedure Law, Articles 34–43 [CN official]; Lawyers Law [CN official]
Related: Hiring a Lawyer →  |  Lawyer Visitation →