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How can foreigners hire lawyers after being detained in China?

admin2024-03-12 15:40:4756

How should a foreigner detained in China for violating Chinese law hire a lawyer to provide legal services for a period of time?

First of all, the public security organ should confirm the nationality of the foreigner according to the valid documents when he entered China, and inform his embassy or consulate within four or seven days. According to Article 394 of the Interpretation of the Supreme People's Court on the Application of the Criminal Procedure Law of the People's Republic of China, the nationality of foreigners shall be confirmed on the basis of their valid documents at the time of entry; If the nationality is unknown, it shall be confirmed according to the certificate issued by the public security organ or the embassy or consulate of the relevant country in China. If the nationality cannot be ascertained, the person shall be treated as a stateless person, the relevant provisions of this Chapter shall apply, and the "nationality unknown" shall be stated in the judgment document. According to Article 3 of the Provisions of the Ministry of Foreign Affairs, the Supreme People's Court, the Supreme People's Procuratorate, the Ministry of Security, and the Ministry of Justice on Several Issues concerning the Handling of foreign-related Cases: If the period specified in the bilateral consular treaty is clear (four or seven days), the notice shall be given within the period specified in the treaty; In the absence of a bilateral consular treaty, notification shall be made as soon as possible in accordance with, or by reference to, the Vienna Convention on Consular Relations and international practice, and shall not exceed seven days.

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Secondly, the foreigner's guardian and close relatives have the right to appoint a lawyer. According to Article 402 of the Interpretation of the Supreme People's Court on the Application of the Criminal Procedure Law of the People's Republic of China, where a foreign defendant entrusting a lawyer to defend himself, or a foreign plaintiff or private prosecutor entrusting a lawyer to represent him in litigation, he shall entrust a lawyer with the qualification of a lawyer of the People's Republic of China and who has obtained a practicing certificate according to law. Where a foreign defendant is in custody, his guardian, close relatives or the embassy or consulate of his country of nationality may appoint a defender on his behalf. Where a guardian or close relative is entrusted on behalf of the defendant, a valid proof of the relationship with the defendant shall be provided. Article 403: A power of attorney sent or entrusted to a chinese lawyer or Chinese citizen by a foreign party from outside the territory of the People's Republic of China, as well as a certificate of relationship with the foreign party provided by his guardian or close relative, must be certified by the notary office of the country where he is located, certified by the central competent authority for foreign affairs or its authorized authority of the country where he is located, and certified by the Chinese embassy or consulate in that country. Except where there is a mutual certification exemption agreement between China and that country.

Third, the embassies and consulates of the country of nationality of the detained foreigner have the right to communicate with the detained foreigner, visit him or her, and hire a lawyer on his or her behalf. In accordance with Article 36, paragraph 2, of the Vienna Convention on Consular Relations (done at Vienna on 24 April 1963, which entered into force on 19 March 1967 and entered into force for China on 1 August 1979, the same year, after the deposit of the instrument of Accession by the Government of the People's Republic of China with the Secretary-General of the United Nations) : The competent authorities of the receiving State shall promptly notify the sending State consular Post of any arrest or imprisonment or detention pending trial of a national of the sending State within the jurisdiction of the consular Post, upon his or her own request. A letter addressed to the Consulate by a person arrested, imprisoned, detained or detained shall also be promptly delivered by that authority. The authority shall promptly inform the parties of the rights provided for in this paragraph. Article 3: Consular officials shall have the right to visit, speak with or communicate with nationals of the sending State who are imprisoned, detained or detained, and to represent them legally. Consular officers shall also have the right to visit nationals of the sending State who are imprisoned, detained or detained under a judgment in their jurisdiction. However, a consular officer shall refrain from taking action on behalf of a imprisoned, detained or detained national who expressly objects to such action.

Counsel's suggestion: If a foreigner is detained in China, his or her parents, spouse, children and other close relatives can hire a lawyer; if no close relatives are in China, the foreigner's friends can contact the embassy or consulate of his or her country of nationality and the embassy or consulate can hire a China lawyer on his or her behalf.