What is the procedure for hiring a lawyer after detention in China?

It is the responsibility of the public security organ to confirm the nationality of the foreigner based on the valid documents when he entered China, and to inform his embassy or consulate within four to seven days. According to Article 394 of the Interpretation of the Supreme People's Court on the Application of the Criminal Procedure Law of the People's Republic of China, foreigners' nationality must be confirmed at the time of entry based on their valid documentation; The nationality of an unknown person shall be confirmed by a certificate issued by the government's security organ or by the country's embassy or consulate. 

Those whose nationality cannot be determined shall be treated as stateless persons, as provided in this Chapter, and the judgment document shall note the "nationality unknown.". According to Article 3 of the Provisions of the Ministry of Foreign Affairs, the Supreme People's Court, the Supreme People's Procurator ate, the Ministry of Security, and the Ministry of Justice on Several Issues concerning the Handling of foreign-related Cases: If the period specified in the bilateral consular treaty is clear (four or seven days), the notice shall be given within the period specified in the treaty; In the absence of a bilateral consular treaty, notification shall be made as soon as possible in accordance with, or by reference to, the Vienna Convention on Consular Relations and international practice, and shall not exceed seven days.

Secondly, the foreigner's guardian and close relatives may appoint a lawyer. A foreign defendant or a foreign plaintiff or private prosecutor who hires a China lawyer to represent him in litigation, or a foreign plaintiff or private prosecutor hiring a lawyer to represent him in litigation, should entrust his lawyer to be qualified as a lawyer of the People's Republic of China and have obtained a practicing certificate according to law, according to Article 402 of the Interpretation of the Supreme People's Court on the Application of the Criminal Procedure Law of the People's Republic of China. 

When a foreign defendant is in custody, his guardian, close family or the country's embassy or consulate may appoint his defender. A valid proof of the relationship between the guardian and the defendant must be provided when a guardian or close relative is entrusted with the defendant's affairs. Article 403: A power of attorney sent or entrusted to a Chinese lawyer or Chinese citizen by a foreign party from outside the territory of the People's Republic of China, as well as a certificate of relationship with the foreign party provided by his guardian or close relative, must be certified by the notary office of the country where he is located, certified by the central competent authority for foreign affairs or its authorized authority of the country where he is located, and certified by the Chinese embassy or consulate in that country. Unless there is a reciprocal certification exemption agreement between China and the country in question.

In addition, the embassies and consulates of the country of nationality of the detained foreigner have the right to communicate with him or her, visit him or her, and hire a lawyer on his or her behalf. In accordance with Article 36, paragraph 2, of the Vienna Convention on Consular Relations (done at Vienna on 24 April 1963, which entered into force on 19 March 1967 and entered into force for China on 1 August 1979, the same year, after the deposit of the instrument of Accession by the Government of the People's Republic of China with the Secretary-General of the United Nations) : The competent authorities of the receiving State shall promptly notify the sending State consular Post of any arrest or imprisonment or detention pending trial of a national of the sending State within the jurisdiction of the consular Post, upon his or her own request. 

A letter addressed to the Consulate by a person arrested, imprisoned, detained or detained shall also be promptly delivered by that authority. It is also their responsibility to inform the parties of their rights under this paragraph. A consular official shall have the right to visit, speak with, or communicate with nationals of the sending State who are imprisoned, detained or detained, and to represent them legally. A consular officer may also visit foreign nationals in their jurisdiction who are imprisoned, detained or are under a judgment in their jurisdiction. If a consular officer expresses objection to taking action on the behalf of an imprisoned, detained, or detained national, he or she shall refrain from doing so. Get more info about China Law Services.

The counsel advises that if a foreigner is detained in China, his or her parents, spouse, children and other close relatives may hire a lawyer; if the foreigner has no close relatives in China, the foreigner's friends can contact the embassy or consulate of his or her country of nationality, which can arrange a China lawyer for the foreigner.

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