How to hire lawyers for foreigners' crimes in China

How to hire lawyers for foreigners' crimes in China

For Chinese citizens who commit crimes, only the suspect, the defendant himself, his legal representative, and close relatives (including his spouse, parents, and siblings) can provide legal assistance and criminal defense for their lawyers. Once foreigners have been taken criminal coercive measures, and the relatives and friends who have the right to hire lawyers for them are far away from China, how can we entrust defense lawyers? In fact, foreigners are suspected of criminal crimes in China and enjoy the same criminal litigation rights as Chinese citizens. However, they are different from Chinese people in hiring lawyers to defend crimes.

1. According to relevant Chinese laws and regulations, foreigners suspected of criminal crimes in China must hire Chinese practicing lawyers, and foreign lawyers cannot handle cases as lawyers in China.

2. The ambassador or envoy of the consulate in China of the country where the foreigner is suspected of criminal offence may entrust Chinese lawyers for the foreigner involved in the case in the name of the consulate.

So families of foreigners suspected of criminal crimes can choose two ways to entrust lawyers:

1、 It shall be handled in accordance with the entrusted agency procedures prescribed by China's foreign-related cases. That is, the family members sign the power of attorney abroad, which is notarized by the local notary office, and then certified by the Chinese embassy and consulate in the local place, and then sent to China. Of course, this will take some time, which may affect the timely access to lawyers.

2、 Seek help from the embassies and consulates of the country where the suspected criminal foreigner belongs. Because, according to the provisions of Article 36 of the Vienna Convention on Consular Relations, which China has acceded to, the Chinese lawyer can be entrusted in the name of the embassy or consulate of the country where the foreigner concerned belongs.