Criminal Defence in China: A Guide for Families and Employers

Criminal defence in China: the first things to know

Criminal defence in China can only be conducted by lawyers licensed in the PRC. Foreign lawyers, including those at foreign law firm representative offices such as ours, cannot act as defence counsel, meet detained suspects as their lawyer or appear in Chinese criminal courts. What families, employers and foreign advisers can do is act quickly to retain experienced PRC defence counsel, support them with information and resources, manage consular and corporate issues, and coordinate everything that happens outside the criminal case itself. This page explains how the process works, so that those decisions can be made well.

The Criminal Procedure Law, last substantially revised in 2018, governs the process.

A further draft amendment, covering among other things lawyer meetings, legal aid and the use of residential surveillance, was submitted to the NPC Standing Committee for a first reading in November 2026; the rules described here are those currently in force. The current text is available on the NPC national law database. The same procedure applies to foreign nationals, with additional rules on consular notification and interpretation. The criminal justice system is organised around three institutions: the public security organs (police), which investigate most crimes; the people's procuratorates, which approve arrests, supervise investigations and prosecute; and the people's courts, which try cases. State security organs investigate national security cases, and supervisory commissions investigate public officials under a separate procedure.

The early stages of a case are decisive. Evidence is gathered, statements are taken and decisions on detention are made in the first weeks, often before the suspect has had much contact with a lawyer. Families and employers who understand the process can make sure defence counsel is appointed promptly and that nothing they do complicates the defence.

The stages of a criminal case

Alternatives to custody include bail pending trial and residential surveillance. Residential surveillance at a designated location, which can last up to six months, may be used where the suspect has no fixed residence in the locality or, with approval, in cases involving national security or terrorism. Investigations by supervisory commissions into public officials follow the Supervision Law rather than the Criminal Procedure Law, and lawyers do not participate in that stage.

Bail and other non-custodial measures

Bail pending trial can be granted where the suspect is unlikely to pose a danger to society, for example in less serious cases, where the suspect has serious illness, or where detention cannot be completed within the time limits. Bail may be secured by a guarantor or a cash deposit and lasts up to twelve months, with conditions such as remaining in the city and surrendering travel documents. Defence counsel can apply for bail or for a change of coercive measure at several points, and the procuratorate reviews the necessity of continued custody after arrest. For a foreign national without a residence in China, securing bail can be harder, and counsel may need to propose practical arrangements that address flight risk.

Trial and appeal

Most criminal trials are heard by a panel at the basic or intermediate people's court, depending on the seriousness of the case. Defence counsel can review the case file once the case is transferred for prosecution, meet the client, collect evidence within legal limits, call for witnesses and make submissions. Judgments can be appealed once to the next level court; the appeal court may affirm, amend or remand. Many cases involving economic crime are resolved with an admission of guilt, but contested trials remain important where the facts or the legal characterisation are disputed.

Admission of guilt and leniency

The procedure for leniency on admission of guilt and acceptance of punishment is now used in a large share of criminal cases. A suspect who truthfully confesses, accepts the charges and agrees to the sentencing recommendation can receive a lighter sentence, with defence counsel or a duty lawyer present when the agreement is signed. For criminal defence strategy, the key questions are whether the evidence supports the charge, whether the legal characterisation is correct, and what the consequences would be outside China, for example for immigration status, professional licences or foreign proceedings. These questions should be answered before any decision is made.

Right to counsel and lawyer access

A suspect may appoint a defence lawyer from the first interrogation or from the day coercive measures are taken. During the investigation stage, only a lawyer may act as defender. A defence lawyer holding the required documents may meet a detained client, and detention centres should generally arrange meetings within 48 hours. In cases involving endangering national security or terrorism, meetings during the investigation stage require the investigating authority's permission.

Families can appoint counsel on the suspect's behalf, but the suspect will usually be asked to confirm the appointment. Legal aid is available in specified circumstances, including for foreign defendants who have not appointed counsel at trial. Choosing counsel is one of the most important decisions in criminal defence. Relevant experience in the type of offence, familiarity with the local courts and procuratorate, the capacity to communicate with a foreign family and employer, and clear agreement on fees and reporting all matter.

Defence lawyers' communications with clients in detention are not monitored in the ordinary course, but lawyers must comply with strict professional rules on what they may pass to and from the client. Families should not expect counsel to carry personal letters or messages beyond what the rules allow.

Working with defence counsel

Effective criminal defence depends on good collaboration. Families and employers should agree at the outset how often counsel will report, in what language and through whom, and what information can be shared with whom. They should give counsel full and candid information, including unfavourable facts, and channel any documents or witness information through counsel. Where a foreign family needs to understand the Chinese process, it helps to have a single coordinator who can explain developments and manage expectations, because progress is often slow and information limited during the investigation stage.

Issues specific to foreign nationals

• Consular notification and access. Under the Vienna Convention on Consular Relations and bilateral consular agreements, the authorities should notify the relevant consulate, and consular officers may visit. Consular officers cannot act as lawyers, but they can monitor welfare and communicate with family.
• Language. Suspects and defendants who do not understand Chinese are entitled to interpretation, and documents served on them should be translated.
• Exit restrictions. Under the Exit and Entry Administration Law, foreign nationals who are criminal suspects or defendants, or who are involved in unresolved civil cases where a court so decides, may be prevented from leaving China. Exit restrictions can also affect witnesses and company managers indirectly.
• Leniency for admission of guilt. The 2018 revision formalised a procedure under which suspects who confess and accept punishment can receive more lenient treatment. Whether to use it is a decision for the defendant with PRC defence counsel, taking account of the evidence and any foreign consequences.
• Deportation. Foreign nationals convicted of crimes may be deported, either as an additional penalty or after serving a sentence, with consequences for future entry.

Foreign nationals also face practical difficulties: unfamiliarity with the system, limited contact with family, dietary and medical needs, and the effect of detention on visas, employment and family residence permits. A coordinated support plan addresses these alongside the legal case, and should be reviewed as the case moves from investigation to prosecution and trial.

Residential surveillance at a designated location

Residential surveillance at a designated location is a coercive measure carried out outside a detention centre, sometimes used for foreign nationals who have no fixed residence in the locality and, with approval, in national security and terrorism cases. Family notification and lawyer access may be restricted in certain circumstances defined by law. Time spent under this measure counts towards any eventual sentence at a reduced rate. Where it is used, early involvement of experienced defence counsel and consular officials is particularly important.

Hong Kong, Macao and Taiwan residents

Residents of Hong Kong and Macao are not foreign nationals, so consular rules do not apply to them. Instead, notification arrangements between mainland public security authorities and the Hong Kong and Macao authorities provide for information to be passed when a resident is detained, and the Hong Kong government operates an assistance service for residents in difficulty on the mainland. Taiwan residents are dealt with through separate cross-strait channels. Families should use these channels in parallel with appointing licensed PRC defence counsel, since none of them substitutes for criminal defence in the case itself.

Supporting criminal defence: a practical checklist

1. Confirm the facts: who has been detained, by which authority, where, and on what suspected offence, as far as can be established.
2. Appoint experienced licensed PRC defence counsel quickly, and agree reporting arrangements with the family and, where appropriate, the employer.
3. Contact the consulate and provide information to support consular access.
4. Gather documents that may help the defence, such as employment records, contracts and correspondence, and pass them to defence counsel rather than to the authorities directly.
5. Arrange funds for legal fees, bail and the person's needs in detention through lawful channels.
6. Manage visas, residence permits, school places and housing for family members.
7. Plan communications with colleagues, clients and, if necessary, the media, consistent with defence counsel's advice.
8. Review insurance policies that may cover legal costs and notify insurers promptly.

Common mistakes include waiting several days in the hope that the matter will resolve itself, appointing a lawyer without relevant criminal experience, sending documents or explanations to the authorities without defence counsel's input, and making public statements that harden positions. Another frequent error is assuming that the matter can be resolved through informal contacts or intermediaries offering to "help" with the authorities; such offers are at best useless and at worst expose the family or company to further legal risk. Every step should be routed through defence counsel, and every payment should be documented and lawful.

The role of the employer

When an executive is detained, the employer faces its own decisions: whether the conduct concerns company business, whether the company itself is at risk, how to continue operations and payroll, what to disclose to regulators, auditors and stock exchanges, and whether insurance covers defence costs. Interests of the company and the individual may diverge, so separate PRC counsel is often appropriate. The company should also review whether other employees need to be advised about travel or contact from the authorities.

Consider a worked example. A foreign sales director of a manufacturing subsidiary is detained on suspicion of bribery connected with a customer. The company engages separate licensed PRC counsel for itself, helps the director's family appoint defence counsel, notifies its insurers and the parent's audit committee, and starts an internal review of the relevant sales channel. It appoints an interim signatory and informs key customers in neutral terms. It does not contact witnesses or comment publicly. If the review finds that the company's own practices are implicated, it then considers its position as a potential unit suspect with its counsel.

Directors, disclosure and insurance

For listed groups, the detention of a senior executive may require prompt disclosure, and directors will need to decide what can be said without prejudicing the criminal defence of the individual or the company's position. Directors' and officers' liability policies often cover defence costs for investigations and criminal proceedings, subject to wording and exclusions; insurers should be notified early and their consent obtained for counsel where required. The employer should also consider whether the individual's directorships in other group companies need to be managed during the case.

Our pages on white-collar crime, national security compliance for foreign individuals and research and family enterprise crisis response discuss related scenarios, and our page on work permits and mobility covers immigration consequences.

How TRW & Co helps

We do not act as criminal defence counsel in China. We help families, employers and foreign advisers organise the response around a criminal case. We identify and brief experienced licensed PRC defence lawyers, coordinate with them and with consular officials, manage communications between family, company and home-country advisers, and handle the corporate, employment, insurance and disclosure consequences. We also advise on the laws of the jurisdictions where our lawyers are qualified, such as the effect of a Chinese case on immigration status, directorships or parallel foreign proceedings. Please contact us urgently and in confidence if someone has been detained.