Assault Injury Claims in China for Foreigners

If you've been physically attacked in China, you have the right to pursue both criminal charges and civil compensation. Here's how the process works for foreigners.

Criminal vs. Civil Claims

Criminal Process

• Report to police (110)
• Police investigate and may detain attacker
• Prosecutor decides whether to charge
• Criminal penalties for attacker

Civil Compensation

• Separate from criminal case
• Can pursue even if no criminal charges
• Seek monetary damages for injuries
• Can be attached to criminal case or filed separately

Immediate Steps

1. Call police (110) - Report immediately
2. Seek medical treatment - Document all injuries
3. Get injury assessment - Police-designated hospital
4. Preserve evidence - Photos, witness contacts, CCTV
5. Contact your embassy - For serious incidents

Injury Classification

China classifies injuries into levels:

• Minor injury (轻微伤) - Administrative penalties
• Light injury (轻伤) - Criminal charges possible
• Serious injury (重伤) - Serious criminal charges

Compensation Available

• Medical expenses
• Lost income
• Nursing care costs
• Disability compensation
• Mental distress damages
• Disfigurement compensation

Pursuing Your Claim

Option 1: Attached Civil Claim

File compensation claim within criminal proceedings.

Option 2: Separate Civil Lawsuit

File independent civil case for damages.

Option 3: Mediation

Negotiate settlement, often with police facilitation.

Challenges

• Attacker may be unable to pay
• Evidence collection difficulties
• Language barriers with police
• Lengthy legal process

Statute of Limitations

3 years for civil claims from date of injury.