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China Criminal Defense Lawyer

China Criminal Defense Lawyers

If you or a loved one have been arrested and charged with a crime in a China City, or have learned that you may be the subject or target of a criminal investigation, the most important decision you can make is deciding who will represent you in fighting against these charges....or in putting a halt to the investigation.

Being accused of a crime is a very serious matter.  And having a criminal conviction on your record will have long-standing and devastating consequences for you and your family.

Given the stakes, when searching for a China Criminal Lawyer that you or your family can rely on, you should find a defense attorney who:

  • Possesses the highest level of professional skills
  • Has successfully represented people accused of wrongdoing for years
  • Can assure you and your family that you will receive the kind of personalized attention and care that you deserve
  • And is willing to work with you to pay for his services.

China criminal defense lawyer

When you need attentive, high-level defense of your rights anywhere in the major China cities, the attorneys of our team are ready to step up for you. Beginning with a personal, confidential consultation, we provide criminal defense and civil representation informed by decades of experience.

 

China Criminal Law - 2011

Below is a full text of the newest China Criminal Law. The newest amendment has been incorporated, so that you can have a general idea of what the law it is. A China criminal defense lawyer would see this law important, because it is the main governing criminal law in China. Leave comments if you have any questions.

Criminal Law of the People's Republic of China

(Adopted at the Second Session of the Fifth National People's Congress on July 1, 1979; revised at the Fifth Session of the Eighth National People's Congress on March 14, 1997 and promulgated by Order No.83 of the President of the People's Republic of China on March 14, 1997)

Contents

Part One General Provisions

Chapter I The Aim, Basic Principles and Scope of Application of the Criminal Law

Chapter II Crimes

Section 1 Crimes and Criminal Responsibility

Section 2 Preparation for a Crime, Criminal Attempt and Discontinuation of a Crime

Section 3 Joint Crimes

Section 4 Crimes Committed by a Unit

Chapter III Punishments

Section 1 Types of Punishments

Section 2 Public Surveillance

Section 3 Criminal Detention

Section 4 Fixed-term Imprisonment and Life Imprisonment

Section 5 The Death Penalty

Section 6 Fines

Section 7 Deprivation of Political Rights

Section 8 Confiscation of Property

Chapter IV The Concrete Application of Punishments

Section 1 Sentencing

Section 2 Recidivists

Section 3 Voluntary Surrender and Meritorious Performance

Section 4 Combined Punishment for Several Crimes

Section 5 Suspension of Sentence

Section 6 Commutation of Punishment

Section 7 Parole

Section 8 Limitation

Chapter V Other Provisions

Part Two Specific Provisions

Chapter I Crimes of Endangering National Security

Chapter II Crimes of Endangering Public Security

Chapter III Crimes of Disrupting the Order of the Socialist Market Economy

Section 1 Crimes of Producing and Marketing Fake or Substandard Commodities

Section 2 Crimes of Smuggling

Section 3 Crimes of Disrupting the Order of Administration of Companies and Enterprises

Section 4 Crimes of Disrupting the Order of Financial Administration

Section 5 Crimes of Financial Fraud

Section 6 Crimes of Jeopardizing Administration of Tax Collection

Section 7 Crimes of Infringing on Intellectual Property Rights

Section 8 Crimes of Disrupting Market Order

Chapter IV Crimes of Infringing upon Citizens' Right of the Person and Democratic Rights

Chapter V Crimes of Property Violation

Chapter VI Crimes of Obstructing the Administration of Public Order

Section 1 Crimes of Disturbing Pubic Order

Section 2 Crimes of Impairing Judicial Administration

Section 3 Crimes Against Control of National Border (Frontier)

Section 4 Crimes Against Control of Cultural Relics

Section 5 Crimes of Impairing Public Health

Section 6 Crimes of Impairing the Protection of Environment and Resources

Section 7 Crimes of Smuggling, Trafficking in, Transporting and Manufacturing Narcotic Drugs

Section 8 Crimes of Organizing, Forcing, Luring, Sheltering or Procuring Other Persons to Engage in Prostitution

Section 9 Crimes of Producing, Selling, Disseminating Pornographic Materials

Chapter VII Crimes of Impairing the Interests of National Defence

Chapter VIII Crimes of Embezzlement and Bribery

Chapter IX Crimes of Dereliction of Duty

Chapter X Crimes of Servicemen's Transgression of Duties

Chapter XI Supplementary Provisions

 

China Criminal Procedure Law

As a China criminal defense lawyer, I would say that China Criminal Procedure Law is the most important and principle criminal law in this country. Although there are many clauses that seem unreasonable, unpractical, yet it greatly enlarge lawyer's capacity in defending for suspects and the defendant. The following is a very good translation of the law and the English is quite accurate.

Criminal Procedure Law of the People's Republic of China

(Adopted at the Second Session of the Fifth National People's Congress on July 1, 1979, promulgated by Order No.6 of the Chairman of the Standing Committee of the National People’s Congress on July 7, 1979 and effective as of January 1, 1980; amended in according with the Decision on Revising the Criminal Procedure Law of the People's Republic of China adopted at the Forth Session of the Eighth National People's Congress on March 17, 1996)

Contents

Part One General Provisions

Chapter I Aim and Basic Principles

Chapter II Jurisdiction

Chapter III Withdrawal

Chapter IV defense and Representation

Chapter V Evidence

Chapter VI Compulsory Measures

Chapter VII Incidental Civil Actions

Chapter VIII Time Periods and Service

Chapter IX Other Provisions

Part Two Filing a Case, Investigation, and Initiation of Public Prosecution

Chapter I Filing a Case

Chapter II Investigation

Section 1 General Provisions

Section 2 Interrogation of the Criminal Suspect

Section 3 Questioning of the Witnesses

Section 4 Inquest and Examination

Section 5 Search

Section 6 Seizure of Material Evidence and Documentary Evidence

Section 7 Expert Evaluation

Section 8 Wanted Orders

Section 9 Conclusion of Investigation

Section 10 Investigation of Cases Directly Accepted by the People's Procuratorates

Chapter III Initiation of Public Prosecution

Part Three Trial

Chapter I Trial Organizations

Chapter II Procedure of First Instance

Section 1 Cases of Public Prosecution

Section 2 Cases of Private Prosecution

Section 3 Summary Procedure

Chapter III Procedure of Second Instance

Chapter IV Procedure for Review of Death Sentences

Chapter V Procedure for Trial Supervision

Part Four Execution

Supplementary Provisions

 

Evidence in China Criminal Defense Law

Preliminary Steps

Handling crime evidence should be a methodical process. An investigator first interviews the suspects, witnesses and victims as well as any law enforcement officials or first responders who arrived on the scene. Once the investigator gathers enough preliminary information, a plan is formulated to keep crime evidence safe. While collecting hazardous biological crime evidence, an investigator should always wear protective gloves, masks, eyewear or clothing. Our Wenzhou lawyer, Fuzhou lawyer, Changzhou lawyer, Hefei lawyer, Taizhou lawyer, Kunming lawyer, Kunshan lawyer are experts of criminal defense in China.

Documentation Process

The examiner will first walk along the area where the crime happened. Any points of interest with evidence will be marked. The investigator should document the entire evidence collection process. Written notes, photographs, hand-drawn sketches, videotaping and computer programs can all help illustrate a crime scene. An investigator may use two or more of these documentation methods.

Most police departments require written notes and color photographs of the crime scene. Photos show more detail of smaller evidence items. In addition, the investigator can draw a sketch to illustrate aspects of crime scene that aren’t clear from a photo. To see patterns, the examiner can also use video camera. The investigator can clearly see blood stain patterns to determine the cause of death. Alternatively, the investigator can use a specialized computer program; after entering some data, the software will create a custom sketch of the crime scene and blood splatters.

 

Becoming a Criminal Defense Lawyer in China

Law School and Training

In order to get into law school, an applicant don't have to obtain a bachelor’s degree from a well-regarded college and university like U.S.. We don't have to get a high LSAT scores, a well written essay and a compelling interview also help an applicant stand out in the highly competitive world of law school admissions. What we need is to attend a national High Education Qualification Test.

A law student should look for a program that offers an excellent criminal law specialization. It is also helpful to go to law school in state where you want to eventually practice. It’s also important take many law classes with topics on criminal law, such as: Criminal Law, Jury Law, Trial Techniques, Juvenile Court and Criminal Procedures.

 
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This China Lawyer Blog is aiming at providing better knowledge and understanding of Chinese law for foreigners. Should you have any legal issue in China, do not hesitate to contact China Lawyer Blog for consultation. Preliminary consultation is free. Further legal service, however, will be charged in due rate and in due course.

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China Lawyer BLog AuthorPeter Zhu, an experienced China attorney licensed to practice law for more than ten years, the author of this China Lawyer blog, welcomes any enquiry or consultation related to Chinese law.