Criminal Procedure in China: 3 Stages
| Stage | Authority | Key Actions | Timeline |
|---|---|---|---|
| Investigation | Public Security Bureau | Detention, interrogation, evidence gathering | Up to 7 months |
| Prosecution Review | People's Procuratorate | Case review, bail decision, indictment | 1-1.5 months |
| Trial | People's Court | Hearing, evidence examination, verdict | 2-3 months |
Bail Pending Trial (取保候审)
Under Chinese Criminal Procedure Law, bail may be granted when: the suspect may be sentenced to probation/independent fine; the suspect poses no social danger; the suspect is seriously ill or pregnant; detention period has expired but case not resolved. Our criminal defense team has extensive experience in bail applications.
Rights of Foreign Suspects in China
- Right to an interpreter — Free interpretation services during investigation and trial
- Right to consular notification — The Chinese authorities must notify your embassy within 4 days
- Right to legal counsel — You may have a lawyer from the time of first interrogation
- Right to refuse self-incrimination — You are not required to prove your innocence
FAQ - Criminal Defense in China
Q: Can a foreigner get a fair trial in China?
A: Yes. Chinese law guarantees equal treatment. Foreign nationals have the same procedural rights as Chinese citizens, plus additional rights like consular notification. Having an experienced criminal defense lawyer is essential.
Q: How much does a criminal defense lawyer cost in China?
A: Fees vary based on case complexity. Typical range is 10,000-100,000+ RMB per stage. For an accurate quote, contact Director Li Maoshu at +86 18664921865.
Q: Can the lawyer visit me in detention?
A: Yes. Lawyers can visit clients in detention centers after the first interrogation. The visit must be arranged within 48 hours of the lawyer submitting credentials.
Q: Can I be deported after a criminal conviction?
A: Foreign nationals convicted of crimes in China may face deportation after serving their sentence. This is separate from the criminal penalty. Early legal intervention can help avoid the most severe consequences.