Facing criminal charges in China as a foreigner is overwhelming. Language barriers, unfamiliar laws, and detention risks make immediate legal help essential. This guide explains how to appoint a Chinese criminal defense lawyer, the services they provide, lawyer fees and payment methods, and the step-by-step criminal procedure with timelines.
Why Foreign Defendants Need a Chinese Lawyer Fast
China’s criminal justice system differs sharply from Western models:
- No bail in most serious cases.
- Police are allowed to detain suspects for up to 37 days before a formal arrest is made or not
- Trials often conclude in one to two hearings.
- Conviction rates exceed 99%.
A qualified Chinese lawyer protects your rights from day one.
How to Appoint a Chinese Criminal Lawyer
Foreign defendants can appoint a lawyer by signing a Procuration (POA) , even from detention, via three legal methods under China’s Criminal Procedure Law (CPL) and Supreme People’s Court Interpretation.
1. Self-Signature by the Suspect
- Ideal scenario: You sign the Power of Attorney (PoA) in person.
- Reality in custody: You are detained and cannot physically sign.
- Workaround (common practice):
- Lawyer coordinates with a police/detention center.
- Authorized personnel bring the PoA inside.
- Staff orally confirm your consent → you thumbprint or sign under supervision.
- Success depends on a local authority’s flexibility, lawyers’ relationships with them.
2. Signature by Your Country’s Embassy/Consulate in China
- Legal Basis: CPL Interpretation Art. 485.
- Process:
- Family contacts embassy/ consulate.
- Embassy/ consulate. verifies identity and signs PoA on your behalf.
- Original sent to lawyer in China.
- Fastest for nationals of countries with active consulates (e.g., US, UK, EU).
3. Signature by Close Family Member
- Who qualifies: Spouse, parents, children, siblings.
- A certificate of relationship may be required as follows:
| Family Member’s Nationality | Certification Required |
|---|---|
| Chinese | Chinese household registry (hukou) or notary certificate → No foreign legalization. |
| Foreign (Hague Apostille Country) | Since Nov 7, 2023: Home country notarization → home country apostille. |
| Foreign (Non-Hague) | Home country notarization → Home country foreign ministry certification → Chinese embassy/consulate in that home country certification. |
Note: 190+ countries now use Apostille (full list: hcch.net). Example: US family → notary in California → California Secretary of State Apostille → done.
What a Chinese Criminal Lawyer Can Do for Foreign Clients
| Service | Details |
|---|---|
| Detention Visits | Meet you in the detention center. |
| Evidence Review | Access case files after prosecutor review (investigation stage limited). |
| Witness Applications | Apply to collect exculpatory evidence or summon defense witnesses. |
| Bail Applications | File for guarantee pending trial or residential surveillance (rare but possible). |
| Plea Bargains | Seek leniency via guilty plea or cooperation (around 20-30% sentence reduction). |
| Trial Defense | File for a guarantee pending trial or residential surveillance (rare but possible). |
| Appeal | File within 10 days of verdict. |
Attorney Fees & Payment Methods for Foreign Clients
Fee Structure
| Stage | Attorney Fee (CNY) | USD Equivalent |
|---|---|---|
| Investigation Stage | 10,000 – 30,000 | $1,400 – $4,200 |
| Prosecution Review | 10,000 – 30,000 | $1,400 – $4,200 |
| Trial (1st Instance) | 10,000 – 30,000 | $1,400 – $4,200 |
| Appeal (2nd Instance) | 10,000 – 30,000 | $1,400 – $4,200 |
| Death Penalty Review (only for the death penalty) | 10,000 – 30,000 | $1,400 – $4,200 |
Note: USD based on 1 USD = 7.15 CNY (Oct 2025).
Payment terms: 100% prepaid for each stage before work begins, and a contingency fee is NOT allowed.
Discount: 20-30% off for full-case prepayment (all stages).
Coûts supplémentaires
| Item | Cost |
|---|---|
| Apostille/ POA Legalization | 1,500 – 3,000 CNY |
| Travel (>100km) | 2,000 – 5,000 CNY/trip |
Modes de paiement
- International Wire (SWIFT) – Preferred;
- WeChat Pay / Alipay – Family in China;
- Cash – Family hand-delivery (receipt issued);
- PayPal – 4.4% transaction fee will be charged additionally.
Criminal Procedure and Timeline in China
Detailed Timeline Table
| Stage | Duration Range | Details |
|---|---|---|
| Detention → Arrest | ≤37 days | Includes 3+7 days standard; up to 30+7 for major cases. Embassy notified within 48 hrs. |
| Post-Arrest Investigation | 2–7 months | Base: 2 mos; +1–5 mos via extensions (provincial/highest procuratorate). |
| Prosecution Review | 10 days – 6.5 months | Fast prosecution: 10–15 days; standard: 1–1.5 mos; + up to 2×1 mos supplemental investigation + 2×1.5 mos re-prosecution review. |
| 1st Instance Trial | 10 days – 6 months | Fast prosecution: 10–15 days; simplified: ≤1.5 mos; standard: 2–3 mos; +3 mos (death/complex, higher court approval); If a supplementary investigation (up to 2) is requested, the trial will be restarted. |
| Appeal Filing | 10 days (from the next day of verdict receipt) | 10+5 days for the death penalty. |
| 2nd Instance Trial | 2–4 months | Standard: 2 mos; +2 mos (death/complex, provincial high court). Final for most cases. |
Common Charges Against Foreigners
| Charge | Sentence | Common Defense |
|---|---|---|
| Drugs | 3 yrs–Death | Chain of custody |
| Fraud | 3–7 yrs | Civil vs criminal |
| Assault | ≤3 yrs | Self-defense |
FAQ for Foreign Defendants in China
Q: Can I use my country’s lawyer in court?
A: No. Only Chinese-licensed lawyers can appear in court. Foreign lawyers can consult only.
Q: Will the trial be in English?
A: No, but you’re entitled to a court-appointed interpreter (free).
Q: Can I be deported instead of jailed?
A: Yes, this applies to a clearly minor crime. For instance, a foreigner stole cosmetics valued at RMB 280 from a supermarket. The court determined that the act constituted theft but deemed it “obviously minor.” As a result, deportation will be ordered rather than imprisonment.
Lire la suite
Time limits for criminal procedure.
The trial of foreign-related criminal cases and criminal judicial assistance (see Art. 392-414)
