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What should foreigners do after being detained?

author:Promise-U Lawyer newstime:2020-07-03 23:26:07views:

What should foreigners do after being detained?


Legal analysis: according to the provisions of relevant laws of China, if foreigners commit crimes in China and detain and review foreigners, the provisions of relevant laws shall apply. If foreigners have diplomatic privileges, they shall be solved through foreign investment. After 40 years of reform and opening up, China has more and more exchanges with the outside world. Many foreigners come to China to study and work. Foreigners who come to China should abide by the laws and regulations of our country and should not do anything illegal or criminal. After the execution of the detention, the local foreign affairs office and the relevant competent department of foreigners should be informed of the situation in time, and reported to the Ministry of Public Security for the record. According to the relevant regulations, the embassies and consulates of the relevant countries in China should be informed in time.


Legal basis: Criminal Procedure Law of the People's Republic of China


Article 17 The provisions of this Law shall apply to foreigners who commit crimes and should be investigated for criminal responsibility. If foreigners who enjoy diplomatic privileges and immunities commit crimes for which criminal responsibility should be investigated, they shall be solved through diplomatic channels.


Article 18 In accordance with the international treaties concluded or acceded to by the People's Republic of China, or in accordance with the principle of reciprocity, Chinese judicial organs and foreign judicial organs may request mutual criminal judicial assistance.


Article 240 of the Regulations on the Procedure of Public Security Organs for Handling Administrative Cases, if the illegal actor is a foreigner who enjoys diplomatic privileges and immunities, the public security organ handling the case shall record the basic information of his identity, certificates and illegal acts, preserve relevant evidence, and report the relevant information to the provincial public security organ as soon as possible. The provincial public security organ shall consult with the foreign affairs department of the people's government at the same level to handle the case through diplomatic channels. Aliens who enjoy diplomatic privileges and immunities shall not be subject to compulsory measures such as restricting personal freedom, sealing up or seizing.


Article 11 of the Criminal Law of the People's Republic of China stipulates that the criminal liability of foreigners who enjoy diplomatic privileges and immunities shall be settled through diplomatic channels.


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