What to do if you are arrested in China?

What to do if you get detained in China for white-collar crime

1. Ask the police to notify embassy or consulate immediately.
2. Be aware of the 37-day ‘golden period’.
3. Communicate with your lawyer and develop the defence strategy as soon as possible.

What happens if a foreigner commits a crime in China?

What does the 2018 Criminal Procedure Law say about Foreign-related cases? First, if a foreigner commits a crime and the case shall be heard by a Chinese court, like in cases where the accused is Chinese, China’s Criminal Procedure Law shall be applied, except for foreigners with diplomatic privileges and immunities.

Can foreigners get arrested in China?

China’s authorities have under certain circumstances detained foreigners citing ‘endangering national security’. National Security is interpreted broadly and you may be detained without having intended to break the law. There is also a risk of arbitrary detention, including of British nationals.

What are the rights of a detained person?

1. Everyone has the right to liberty and security of person. the lawful detention of a person after conviction by a competent court. the lawful arrest or detention of a person for non-compliance with the lawful order of a court or in order to secure the fulfilment of any obligation prescribed by law.

Do they have bail in China?

China’s Criminal Procedure Law provides for a form of bail, qu bao hou shen, which literally means “seeking security while waiting for a trial.” In criminal proceedings, a suspect or defendant may be released on bail by providing security, which is done by depositing certain amount of cash or providing an individual …

Is China safe for Westerners?

For the most part, China is a safe place to visit, and crowds in public places should not cause any worry. Of course, small risks are still present, including petty theft and pickpocketing in tourist areas, as well as at train stations and on sleeper buses and trains.

Do Chinese authorities have to inform Canadian consular post of arrest?

Chinese authorities have an obligation, under Article 36 of the Vienna Convention on Consular Relations (“VCCR”), to advise you of your right of access to a consular representative. They are not, however, obliged to inform a Canadian consular post of your detention or arrest, unless you ask them to do so.

How long can you be detained in China before being arrested?

If, however, you are suspected of committing crimes in multiple places, being a repeat offender or being part of a gang, Chinese law provides for up to 37 days’ detention before official arrest. After an official arrest, you may be detained for up to 13.5 months before formal charges are laid and the case is transferred to the court.

Can Global Affairs Canada protect you from arrest and imprisonment in China?

Global Affairs Canada can neither protect you from the consequences of your actions nor override the decisions of local authorities. The Chinese and Canadian criminal law systems are significantly different. This can increase the stress and practical problems arising from arrest and imprisonment in China.

When can a suspect hire a lawyer in China?

Under the Chinese Criminal Procedure Law, a suspect has the right to hire a practising lawyer from the date on which he/she is first interrogated by the investigating authority or is subject to compulsory measures. There are some exceptions where permission must be granted by the investigating authority and access to a lawyer may be denied.