How Should a Foreigner Hire a Lawyer If He is Involved in a Criminal Offence in China?

2020/1/16

In order to protect the lawful rights and interests of criminal suspects and defendants, foreigners who are involved in criminal crimes in China should first immediately hire lawyers to intervene. In accordance with the provisions of Chinese law, a foreign defendant who entrusts a lawyer to defend his case shall appoint a Chinese lawyer.

The criminal suspect may appoint a lawyer by himself. But when the criminal suspect is in custody, he cannot contact the outside world directly, so his guardian or close relatives may appoint a lawyer on his behalf. Guardians and close relatives must provide valid evidence of their relationship with the defendant. For example, a wife can appoint a lawyer for her husband, but a valid marriage certificate is required to prove the relationship. The certificate of the relationship between the guardian or near relative and the foreigner concerned must be certified by the notary office of the foreigner’s country, by the central competent diplomatic authority or its authorized agency, and by the Chinese embassy or consulate in that country. A criminal suspect of a foreign nationality may also appoint a defender on his behalf by the embassy or consulate of his country in China.

If the defendant is a foreigner and has not appointed a defender, the people's court may notify the legal aid agency to appoint a lawyer to defend him.

In addition, a foreign criminal suspect or defendant may entrust his guardian or close relatives to act as defenders, and the entrusted person shall provide valid evidence of his relationship with the criminal suspect or defendant. However, if a foreign criminal suspect or defendant wants to appoint a lawyer, he or she must be a Chinese lawyer. A foreign lawyer may not become a defender as a lawyer in China, but only as a guardian or close relative. For example, an American lawyer cannot be an attorney, but can represent his wife as a husband. It should be noted that not all Chinese lawyers are suitable to be the defenders of foreign criminal suspects and defendants. For the need of communication, the suspect or defendant should hire a Chinese lawyer who is proficient in English or his native language.