What to Do If a Foreigner is Arrested by the Public Security Organ in China?

2020/1/16

Foreigners in China tend to panic when they are taken away by the police. First, we need to figure out whether this is administrative or criminal detention. Administrative detention is usually applied in cases where a serious violation of public security administration has not yet constituted a crime and a warning or fine is not sufficient to punish. The time limit is generally within 10 days, the heavier one is not more than 15 days. Criminal detention is a compulsory method adopted by the public security organs and the people's procuratorates to temporarily deprive the personal freedom of the current offender or major suspect in the case of legal emergency during the investigation. Criminal detention generally does not exceed 37 days.

One way to distinguish criminal detention from administrative detention is to determine whether the foreigner have violated China's criminal law. If it does not constitute a crime, it is administrative detention; if it constitutes a crime, it is criminal detention. In general, the detention certificate issued by the public security organ will indicate which law the foreigner has violated, so that the type of detention and possible duration can be determined.

It is important to note that if the foreigner is detained for violating the criminal law, he may not be released after 37 days. Because as the case progresses, the suspect may be arrested, which means he will be held for more than 37 days. Since criminal proceedings in China are complicated and time-consuming, we advise clients to seek the help of Chinese lawyers immediately. Chinese lawyers are proficient in Criminal Law, Criminal Procedure Law and relevant legal provisions, which helps foreign criminal suspects and their relatives to understand the process of the case and avoid being too passive when involved in criminal cases.