Victim Rights in Chinese Criminal Proceedings
Foreign nationals in China may find themselves not only as defendants but as victims of crime. Chinese criminal procedure provides specific rights to victims — rights that are distinct from and in addition to the role of the public prosecutor.
Filing a Criminal Complaint
Under Criminal Procedure Law, Articles 110–112 [CN official], any person who discovers a crime may report it to the police, procuratorate, or court. Victims have the right to file a formal criminal complaint (bao an). The police must accept the complaint and issue a written receipt. If the police decline to open a case, the victim may apply to the procuratorate for review or, in certain cases, initiate a private prosecution (zi su) directly in court.
Criminal Incidental Civil Action
Under Article 101, victims may bring a civil claim for compensation attached to the criminal proceedings (xing shi fu dai min shi su song). This allows the victim to seek compensation for medical expenses, lost income, and other losses caused by the crime — without filing a separate civil lawsuit. The claim is heard together with the criminal case.
Primary legislation: Criminal Procedure Law, Articles 101–104, 110–112 [CN official]