涉外刑事案件：外国人在华涉刑的权利与程序

Criminal Cases Involving Foreign Nationals in China

This English section is provided for reference. In case of any discrepancy, the Chinese text and the official documents issued by the competent authorities prevail.

Chinese criminal law applies

Under Article 6 of the Criminal Law of the People's Republic of China, any crime committed within Chinese territory is governed by Chinese law, unless the law provides otherwise. Foreign nationality does not change the substantive standards of conviction or sentencing, and there is no procedure for transferring a case to the person's home country absent a specific judicial assistance arrangement.

Four rights specific to foreign nationals

• Consular notification. Under Article 36 of the Vienna Convention on Consular Relations and applicable bilateral consular treaties, a detained foreign national may request that the competent authority notify his or her embassy or consulate. The authority is likewise required to notify without delay, subject to investigative needs. Notification may be omitted where the person expressly objects.
• Interpretation. Article 9 of the Criminal Procedure Law requires the police, the procuratorate and the court to provide interpretation for participants who do not understand the spoken or written language commonly used locally. Interpretation is provided at the State's expense throughout interrogation, prosecution review and trial.
• Access to counsel. A foreign national may retain a Chinese lawyer, either personally or through relatives or the consulate. Counsel presenting a practising certificate, a law firm letter and a power of attorney must be granted a meeting within 48 hours at the latest (Article 39). Interpretation is usually arranged for such meetings, and some detention centres require the interpreter's details in advance.
• Deportation. Article 35 of the Criminal Law allows deportation to be imposed on a convicted foreign national, either as a standalone penalty or in addition to another penalty. It is imposed by the court in the judgment, not by administrative decision. A deported person may not re-enter China for ten years from the date of deportation.

Jurisdiction and procedure

What families can and cannot do

Disclaimer: this page provides general legal information only. It is not legal advice on any specific case, and it does not constitute any undertaking as to the outcome of any proceedings. Case outcomes are determined independently by the competent judicial authorities in accordance with law.