Are you worried about getting arrested in China? There is a lot of news about foreigners getting in trouble.

Here is what you need to know about the criminal law system in China. We will focus on how criminal law ties into business (they are connected.)

Finding yourself in a foreign country can be a daunting experience, especially if you are facing an arrest. If you are in China and get arrested, knowing what to do to protect yourself and ensure your rights are respected is essential.

If you get arrested in China, the first thing to do is remain calm and cooperate with the authorities. While it may be stressful, it’s important to stay composed and avoid escalating the situation.

Stay Calm and Cooperate

If you are a foreign national, contacting your embassy or consulate as soon as possible is essential. They can provide important information and assistance, including legal representation and translation services.

Hiring a local lawyer who can provide legal advice and representation in China is also essential. They can guide you through the legal system and protect your rights.

Confessions obtained under duress in China are common, and the legal system heavily emphasizes confessions as evidence. It’s important to avoid making any false confessions, as they can be used against you in court.

Hire a Local Lawyer

Getting arrested in China can be a frightening experience. Still, by staying calm, contacting your embassy, hiring a local lawyer, and avoiding false confessions, you can protect your rights and ensure a fair legal process. It’s always important to be aware of the local laws and customs and to exercise caution in unfamiliar situations.

If you have already been arrested or think you are about to be, you can contact us or our legal consultant on Wechat: alistairvigier

We can help if you escape and are unsure if you will be arrested if you return to China.

Keep in mind that if you don’t do anything dangerous in China, it is very unlikely that you will be arrested.

Doing things like selling drugs or stealing is a simple way to get arrested in any country.

Criminal cases that made the media in China

China has witnessed several high-profile criminal cases in recent years, which have garnered significant media attention. These cases range from corruption and bribery to murder and fraud and reflect the country’s evolving legal system and the challenges associated with enforcing the law in a rapidly changing society.

One of the most infamous cases in recent years was the trial of former Politburo member Bo Xilai, who was charged with corruption and abuse of power in 2013. Bo’s trial attracted worldwide attention as it highlighted the government’s efforts to clamp down on corruption and maintain political stability.

British businessman Neil Heywood

Another case that received widespread media coverage was the murder of British businessman Neil Heywood in 2011, orchestrated by Gu Kailai, the wife of former Chongqing party chief Bo Xilai. The case exposed the complex and murky world of political power struggles and corruption in China, resulting in Bo Xilai’s downfall.

There have also been several instances of fraud and embezzlement in China’s business sector. One such case involved Guo Guangchang, the founder of Fosun Group, a Chinese conglomerate.

Guo, in 2015, was detained briefly on suspicion of economic crimes, highlighting the challenges of doing business in China’s rapidly changing and intricate market.

Criminal Law in China

Although these high-profile cases have garnered significant attention, they only represent a small proportion of the criminal cases that are prosecuted in China each year.

The country’s legal system has undergone significant reforms in recent years, focusing on improving transparency, enhancing judicial independence, and increasing access to legal services for the general public.

Your Government Won’t Be Able To Help

Let’s say you are from England, go to China and get arrested. Don’t assume that the British government can get you out of jail.

You are subject to the laws of the country you go to. If a Chinese person goes to England, they can’t say they follow Chinese law.

This is why it’s crucial to hire a lawyer in China. Prevention is the best way to deal with criminal and business problems.

A lawyer can tell you how to stay out of trouble.

Arrested In China

The Chinese legal system differs greatly from Australia, Canada, and New Zealand. For example, you do not have the right to remain silent.

According to Chinese law, you must provide information about yourself and the others involved. This is also true of businesses.

A company that operates in China must provide all information to the government.

The police can hold you for over a year without charging you. Again, your government won’t be able to help you much during this time.

You also won’t be able to see your friends or family.

Getting Questioned By The Police

A lot of foreigners go to jail over fights. Sometimes someone does something to a foreigner, and the foreigner might punch a Chinese person.

Other times arguments can happen when there is a car accident. Crowds get involved, and people start filming.

People can feel that it’s inappropriate for someone from another country to hit someone who’s Chinese.

Crowds can turn against foreigners pretty quickly. It doesn’t matter who is at fault. People can get beat up by the crowd.

The police will often show up and arrest everyone. Someone who gets arrested will be brought to the police station.

There will then be an interrogation, where the police will try and get you to confess to the crime.

People sometimes write a confession to get out of jail. But be careful of this. This can lead to evidence being used against you in a lawsuit.

Even if a Chinese person from another city gets arrested in Shanghai, they might be considered similar to a foreigner.

Getting Arrested In China At The Police Station

You might see there are a lot of people at the police station that is there for things like fights, not paying someone money, or putting business promotional stickers on the walls.

Prostitution can also lead to getting arrested.

The police can hang you up by your hands and beat you up. This is not against the law.

Be very careful in getting into fights with Chinese people as a foreigner. It’s best to gather evidence and sue the person if they hit you.

Fights can happen when a taxi driver tries to exploit a foreigner. This happens very often in Shanghai.

The driver might say that their meter is broken (every time) and that they want a flat fee.

They might ask for $50 for a ride that would only cost $10 if the meter “had worked.”

Sometimes the foreigner should pay the medical bill of the Chinese person. This should resolve the issue.

However, if the police don’t let you go, you should contact one of our criminal lawyers.

Foreign Nationals Arrested

Here is a situation that we made up that explains what happens when foreign nationals are arrested.

Let’s say that you arrived in Shanghai from London, England. When you get to the border crossing at the airport, your passport gets swiped.

The border police agent talks to their supervisor, and they return to the counter. You might get told to go to the immigration inspection room.

There will be police in the area who are making phone calls. If your situation worsens, you might be told to return to England. The police will contact the airline you came in on to book a trip back home.

Here are some general tips for what to do if you are arrested, not just in China. The first thing you usually want to do when you get arrested is to get out of jail.

Being in jail is very stressful and can hurt your case. Someone who goes to court in handcuffs looks much worse than someone who shows up in a taxi in a suit.

It’s very important to get bail.

Arrested In China

It would be best if you got a private lawyer. Don’t use a legal aid or public defender if you can afford a law firm.

This isn’t because the legal aid lawyer doesn’t know what they are doing. It’s often because they have too many files and cannot prepare much for their hearings. All they do is get the file and show up.

Sometimes the public defender is only given a few hours to prepare for court. You might need to follow up with your lawyer and ask questions. This is also true if you hire a law firm, sometimes you need to follow up.

Once you get out of jail, you must prepare for your arraignment or first appearance.

You must show up to say if you plead guilty or not guilty.

When you say you are not guilty, it starts the legal system process. It usually goes to a sentencing hearing if you say you are guilty.

If you want to learn about the law in China, contact us. It would be best to get legal advice from a Chinese criminal lawyer.

Most of the time, the prisons in China will not allow you to be transferred to your home country’s prison.

Punishment According To Chinese Criminal Law

Below are the main sentences that a Chinese court makes.

(1) Having to be followed by police wherever you go
(2) Spending time detained
(3) Being sentenced to a period in jail
(4) Jail for life
(5) Given the death penalty

Below are sentencing for non-major crimes:

(1) A fine
(2) Confiscation of assets
(3) Being banned from China

Make Sure You Have All Your Licenses And Visas

One easy way to increase your chances of getting detained is not having the proper paperwork. If you sell products in China without a license, the police will likely arrest you. As a foreigner, you are going to be watched.

If you do anything illegal, the police might want to make an example of you. This is why you should hire a business lawyer in China to ensure you have the proper business license.

It would help if you also operated under the correct visa or permit. You will get in trouble if you do business without a visa or permit and do not pay taxes.

Arrested In China

You also need to have tight contracts with your employees and suppliers. Most police investigations start when an employee or other company has a dispute with a foreigner. The Chinese employee reports the business to the police, and the foreigner is arrested the same day.

You better have robust paperwork to get out of jail quickly. Your lawyer cannot be in the room while the police ask you questions. This is why having the proper documents with government or court stamps is so essential.

Most criminal investigations can also lead to lawsuits. If someone gets into trouble because of you, they will likely file a lawsuit in China.

Chinese Criminal Trial

The same law applies to Chinese people and people who visit China. There is no special law for foreigners. Often if you get into a contract dispute with a Chinese company, they will ask the police to exit ban you.

This will ensure that you can’t leave the country without paying the money. Keep in mind that lawsuits can last for years. This means that you can’t leave China possible for years.

Make sure you hire a lawyer who can speak English and Mandarin. You also want a lawyer that focuses on criminal law. Don’t hire the lawyer you used for your divorce. You also want a lawyer in the city where you were arrested.

If you were arrested in Beijing, you need a Beijing criminal lawyer. Many people make serious mistakes when hiring a lawyer.

Others don’t hire a lawyer because they assume the “truth” will get them out. Keep in mind that the truth won’t come out during the trial.

Arrested In China

Therefore, you could spend years in jail waiting for the “truth.” That is far too risky.

Your local lawyer should have contacts in the city. For example, your Beijing criminal lawyer might be able to call the chief of police in Tongzhou.

They can meet for lunch and discuss your case. Your lawyer can show the police chief why you are innocent. If you wait for a judge, it’s going to take years.

How much would you spend on a lawyer to avoid spending years in a Chinese jail? The judgment pronouncement will normally be submitted in writing, not read out at the end of the trial.

If you fear getting arrested in China, contact us so our Chinese lawyers can help.

How NOT To Get Arrested In China

• Don’t talk about sensitive topics
• Do not assume the laws in China are the same as in your national country
• Don’t talk bad about the government
• Do not get into fights
• Don’t bring Cannabis (CBD or THC) into China; it’s illegal
• Have proper contracts with your employees and contractors

Author: Alistair Vigier is the CEO of Clearway and can be reached on Wechat at alistairvigier