Our lawyers are familiar with Chinese criminal legal system and the special situation related to aliens in China. We could always find the proper arguments and legal basis suitable for each case and persuade the decision-makers to make the decision in our client’s favor.
It is very important to retain lawyers experienced in representing aliens in China as soon as possible after the aliens are under criminal investigation. If the decision-makers have established their own view, especially the judgment is rendered, there is little chance to change their mind or it will take more effort to do to so. The earlier the suspect’s family could retain an experienced lawyer, the easier the lawyer could find and build the ground for acquittal or sentence reduction based on the available facts.
Information required by our lawyer to evaluate your case
1. Name of criminal suspect
2. Name of the crime
3. Name of the detention center where the criminal suspect was/is detained
4. When was the criminal suspect detained
5. Brief of the case story
6. The contact persons who may provide the above information
Our lawyers will give you a preliminary evaluation on your case before accepting your case.
Documents required for appointment of a lawyer for the first time
| Document | Signed by Principal |
Remarks |
Power of attorney (original) |
A close relative of the suspect |
The copy of the principal 's identity card or passport shall be provided. |
The suspect |
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The suspect's embassy |
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Legal service agreement |
The suspect or its close relative |
The suspect or its close relative may sign the agreement and sent it to us by email. |
Part of Case Example
| Name | Charge |
Nationality |
Law |
Result |
S xx |
Intentional Murder and Intentional Injury |
USA |
Death Penalty |
13 years imprisonment for his murder and 3 years imprisonment for his intentional injury |
N xx |
Smuggling |
South Africa |
more than 10 years imprisonment |
Set free |
T xx |
Endangering Public Safety |
Australia |
10 years imprisonment |
Set free |
H xx |
Organize others to cross the border |
Singapore |
imprisonment from more than 2 years to less than 7 years |
Release on payment of bail |
O xx |
Obstruction of official Business |
Canada |
Less than 3 years imprisonment |
Set free |
T xx |
Prostitution |
Germany |
Deportation |
Set free |
S xx |
Robbery |
USA |
imprisonment from more than 3 years to less than 10 years |
Release on bail |
D xx |
Intentional injury |
German |
6 months-18 months imprisonment and deportation |
Release on bail and 2 months imprisonment |
Rxx |
picking quarrels and provoking troubles |
German |
18months to 3 years and deportation |
8 months imprisonment |
Timetable
Criminal Procedure Law of the People’s Republic of China stipulates the proceedings regarding investigation by the Police, public prosecution initiated by the Prosecutors and trial by the judge in the competent court. The timetable is as follows:
Timetable for Handling Criminal Cases
| Handling Organs | Stage |
Law |
Content |
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The deadline for investigation is up to 7 months |
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Public Security Oran |
Detention |
89 |
If detainees need to be arrested, the warrant of arrest should be submitted for approval within three days of detention |
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In exceptional circumstances, the time for submission of the examination and approval may be extended from one to four days. |
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The time for submission can be extended to 30 days for the major suspects who committed the crime under the situation of fleeing, repetition and gang. |
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Procuratorial organs |
Review the arrest |
89 |
The decision on approval or disapproval of the arrest shall be made within 7 days after receiving the submission of the warrant of arrest. |
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Public Security Oran |
Investigation |
154 |
The period of detention after the arrest of a criminal suspect shall not exceed two months. |
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If the case is complex; the investigation of the case cannot be completed on the expiry date, the period can be extended for a month after approval by the people's Procuratorate at the higher level. |
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156 |
The period could be extended for two months for the following situation: |
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157 |
The period could be extended for another two months for the situation where the sentence may be ten years in prison and the investigation could not be completed according to Article 156. |
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Procuratorial organs |
165 |
If a person detained in a case directly handled by the people's procuratorate is deemed to need to be arrested, it shall make a decision within 14 days. |
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In exceptional circumstances, the time to make decision on arrest can be extended from one day to three days. |
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The deadline for review of prosecution is up to six and a half months |
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Procuratorial organs |
Prosecution |
169 |
The procuratorate shall, within a month, make a decision on prosecution of the case submitted by the public security organ. |
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The decision on significant and complex cases can be extended for half a month. |
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Public Security |
171 |
Supplementary investigation for the first time is one month. |
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Procuratorial organs |
Recalculating the time for review of the prosecution |
One month generally |
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Significant, complex cases can be extended for half a month. |
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Public Security |
Supplementary investigation for the second time is one month. |
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Procuratorial organs |
Recalculating the time for review of the prosecution |
One month generally |
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The time for handling significant, complex cases can be extended for half a month. |
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The deadline for the first instance is up to 13 months |
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Court |
public prosecution |
202 |
The court should render its judgment within 2 months, no later than 3 months after accepting the case. |
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The time could be extended for 3 months upon approval by the high-level court for cases where the death penalty may be imposed or a case with civil action, or under one of the circumstances stipulated in Article 156 of this Law. |
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198 |
Prosecutors found that the case needs further investigation and make recommendations, the procuratorate should complete the investigation within 1 month. |
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202 |
As for the case that supplementary investigation is completed and filed with the court, the court shall re-calculate the trial period. |
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Simple Procedure |
214 |
The court shall conclude judgment within 20 days after accepting the case filed. |
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The trial period may be extended to one and a half months for those who may be sentenced to imprisonment for more than three years. |
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The deadline for the second instance is up to 4 months |
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Court |
|
232 |
Cases should be concluded within two months. |
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For cases where the death penalty may be imposed or a case with civil action, and one of the four cases stipulated in Article 156 of this Law, the time could be extended for two months upon approval by the higher court. |
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The deadline for retrial is up to six months |
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Court |
|
247 |
The case which the court shall re-judge in accordance with the judicial supervision procedure shall be concluded within three months from the date of making the decision on retrial. |
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If it is necessary, the deadline shall not be extended for more than six months. |
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No fixed deadline |
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court |
investigation |
155 |
As for particularly serious and complex cases which should not be delivered to the trial in the longer period of time for special reasons, the Supreme Procuratorate shall report them to the Standing Committee of National People's Congress for approval of the trial adjournment. |
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First instance |
202 |
The cases should be reported to the Supreme People's Court for approval of time extension due to special circumstance. |
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Second instance |
232 |
The cases should be reported to the Supreme People's Court for approval of time extension due to special circumstance. |
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The time of the hearing on the appeal accepted by the Supreme Court shall be determined by the Supreme Court. |
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Note |
Law here means the Criminal Procedure Law of the People’s Republic of China |
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