Being detained by police in a foreign country is frightening. If you or someone you know is arrested in China, understanding the system and your rights is crucial. This guide explains what to expect and how to protect yourself.
Emergency: If you're reading this because someone has just been detained, the most important immediate steps are: (1) Contact your embassy/consulate, and (2) Get a Chinese lawyer as soon as possible.
Types of Detention in China
Administrative Detention
For minor offenses (public disturbance, minor drug use, etc.):
- Maximum 15 days (can be extended to 20 in some cases)
- No formal arrest or prosecution
- May result in fine and/or deportation for foreigners
Criminal Detention
For suspected criminal offenses:
- Initial detention up to 37 days before formal arrest decision
- If formally arrested, investigation can continue for months
- Bail is rarely granted in China
Residential Surveillance
A form of detention at a designated location:
- Can last up to 6 months
- Used for certain serious crimes or when the suspect has no fixed residence
- Limited access to lawyers in some cases
Your Rights as a Foreign Detainee
Embassy Notification
Under the Vienna Convention, Chinese authorities must notify your embassy within a specified timeframe (usually 4 days, but varies by bilateral agreement). You have the right to:
- Have your embassy notified of your detention
- Communicate with embassy officials
- Receive consular visits
Right to a Lawyer
You have the right to hire a Chinese lawyer. However:
- Only Chinese-licensed lawyers can represent you
- Lawyer access may be restricted for certain crimes (national security, terrorism)
- Lawyers cannot be present during police interrogations
Right to an Interpreter
You're entitled to interpretation services during interrogations and legal proceedings.
The Criminal Process
Investigation Stage
- Police investigate and gather evidence
- You may be interrogated multiple times
- Lawyer can meet with you but has limited access to case files
- Can last several months
Prosecution Stage
- Procuratorate reviews evidence and decides whether to prosecute
- Lawyer can now access case files
- Procuratorate may return case for more investigation
Trial Stage
- Most cases result in conviction (conviction rate exceeds 99%)
- Trials are often brief
- Sentencing follows conviction
Practical Advice
During Interrogation
- Stay calm and polite
- Request an interpreter if you don't speak Chinese fluently
- You can decline to answer questions, but this may be viewed negatively
- Don't sign anything you don't understand
- Request to contact your embassy and a lawyer
Getting a Lawyer
- Family members outside China can hire a lawyer on your behalf
- Your embassy can provide lists of English-speaking lawyers
- Act quickly — early legal intervention is important
What Your Embassy Can Do
- Visit you in detention
- Ensure you're being treated humanely
- Provide lawyer referrals
- Contact family on your behalf
- Monitor your case
What Your Embassy Cannot Do
- Get you released
- Provide legal advice or representation
- Pay your legal fees
- Interfere with Chinese legal proceedings
Common Offenses Affecting Foreigners
- Drug offenses: Treated very seriously; can result in long sentences or death penalty for trafficking
- Visa violations: Overstaying, working illegally
- Business crimes: Fraud, tax evasion, bribery
- Assault/fighting: Even minor altercations can lead to detention
- Exit bans: You may be prevented from leaving China during civil or criminal investigations
If a Family Member Is Detained
- Contact the relevant embassy/consulate immediately
- Hire a Chinese lawyer as soon as possible
- Gather any relevant documents (passport copies, visa information)
- Be patient — the process is slow
- Maintain communication through proper channels
Need Urgent Legal Help?
If you or a family member is facing detention or criminal charges in China, immediate legal assistance is critical. Contact me for emergency consultation.
Contact Me