Criminal Procedure in China: Complete Guide to Legal Processes

Have you ever wondered how criminal cases work in China? The process can be difficult to follow, especially if you don’t know how the legal system functions. Whether you’re a defendant, a victim, or just curious, understanding what happens at each stage is crucial.

Unlike many Western countries, China uses a civil law system, where judges actively investigate the facts rather than just listening to lawyers’ arguments.

So, what really happens when someone is accused of a crime? How do police investigations, trials, and sentencing work? And what rights do defendants have?

This guide will walk you through China’s criminal procedure—explaining each stage, how cases move through the system, and what legal protections exist. 

Whether you're facing a case or simply looking to learn, you’ll find everything you need to understand the process here.

What is Criminal Procedure in China?

Criminal procedure refers to the legal process that governs crime investigation, prosecution, trials, and sentencing in China. The primary law regulating criminal cases is the Criminal Procedure Law of the People’s Republic of China (CPL).

This law ensures that:

• Criminal cases follow due process to prevent wrongful convictions.
• Defendants have legal rights, such as access to legal counsel.
• Police, prosecutors, and courts follow strict guidelines in handling cases.

Unlike common law countries like the U.S. or U.K., China does not use a jury system. Instead, judges play an active role in questioning suspects, examining evidence, and determining outcomes.

Now, let’s explore the step-by-step process of a criminal case in China.

The 4 Key Stages of Criminal Procedure in China

A criminal case in China moves through four main stages:

1. Investigation & Arrest

The criminal process starts with an investigation, conducted by the Public Security Bureau (PSB) (China’s police force). This stage includes:

• Criminal detention – Suspects can be held for up to 37 days before a formal arrest decision.
• Official arrest – If evidence supports prosecution, the People’s Procuratorate (prosecutor’s office) approves an arrest warrant, and detention may extend up to seven months for complex cases.
• Interrogation & evidence collection – Authorities gather witness testimonies, forensic reports, and suspect confessions.

Important: Suspects have limited access to lawyers before formal charges are filed, especially in state security cases.

2. Prosecution & Indictment

Once police complete their investigation, they transfer the case to prosecutors, who decide whether to:

• File formal charges and proceed to trial.
• Drop charges if evidence is insufficient.
• Request further investigation for additional proof.

At this stage, defendants must be informed of the charges and allowed to prepare their defense.

3. Criminal Trial Process

China’s trial system differs from those in Western countries. Instead of juries, a panel of judges oversees the case. The trial process includes:

• Opening statements from the prosecution and defense.
• Presentation of evidence, including forensic reports and witness testimony.
• Judicial questioning, where judges actively interrogate the accused and witnesses.
• Closing arguments, after which the court deliberates on a verdict.

Public vs. Closed Trials:

• Most trials are public, but national security or politically sensitive cases may be closed to outsiders.

4. Sentencing & Appeals

After the trial, the court issues a verdict and sentence. Punishments range from:

• Fines & probation for minor offenses.
• Fixed-term imprisonment for standard crimes.
• Life imprisonment or death penalty for severe offenses.

Appeal Rights: Defendants can appeal within 10 days of sentencing. Higher courts review appeals but rarely conduct full retrials unless major legal violations occurred.

Now that we’ve covered the legal process, let’s look at the rights of individuals under Chinese criminal law.

Legal Rights of Defendants in China

While China's Criminal Procedure Law grants certain rights to suspects, protections differ from those in Western legal systems.

• Right to Legal Representation – Defendants may hire a lawyer, but legal access can be restricted in national security cases.
• Presumption of Innocence – While the law states that suspects are innocent until proven guilty, China's conviction rate exceeds 95%, meaning trials rarely favor defendants.
• Right to Appeal – A convicted person can file an appeal within 10 days.
• Protection Against Torture – Forced confessions are prohibited by law, but enforcement remains a concern.

Understanding these rights is crucial for anyone facing legal issues in China.

Common Criminal Offenses & Penalties in China

China’s legal system imposes strict penalties for a wide range of criminal offenses. Some of the most commonly prosecuted crimes include:

1. White-Collar & Economic Crimes

• Fraud & Corruption – Financial fraud, corporate corruption, and embezzlement carry severe penalties, including lengthy prison sentences.
• Bribery – Offering or accepting bribes is a serious offense, often resulting in long-term imprisonment and heavy fines.

For a deeper understanding of China's anti-corruption laws and their implications, refer to this detailed analysis: China’s Anti-Corruption Law.

2. Drug-Related Crimes

• Drug Trafficking & Possession – China enforces a zero-tolerance policy on narcotics. Offenders may face life imprisonment or even the death penalty, depending on the severity of the crime.

3. Cyber Crimes & Financial Fraud

• Online Scams, Hacking, & Data Breaches – Crimes involving cyber fraud, identity theft, and hacking are met with harsh legal consequences, including significant fines and imprisonment.

4. Violent Crimes & National Security Offenses

• Murder, Assault, & Political Crimes – Violent offenses, including homicide and aggravated assault, can result in life imprisonment or capital punishment. Crimes against national security, such as espionage or subversion, are also prosecuted severely.

Understanding criminal procedure in China is essential for avoiding legal risks—especially for foreigners unfamiliar with local laws.

How Criminal Procedure in China Affects Foreigners

Foreigners accused of crimes in China face unique challenges, including:

• Language barriers – Most court proceedings are in Mandarin, and interpreters may be limited.
• Diplomatic restrictions – Embassies can provide legal guidance but cannot interfere with Chinese legal proceedings.
• Stricter detention conditions – Foreigners in state-related cases may face longer pre-trial detentions.

Tip: If you're a foreign national living or traveling in China, it’s vital to understand Chinese laws to avoid legal complications.

Conclusion

Criminal procedure in China follows a strict and highly structured process, from investigation and arrest to prosecution, trial, and sentencing. While suspects have legal rights, the conviction rate remains high, making legal defense critical.

Foreign nationals accused of crimes in China face additional challenges, including language barriers and diplomatic limitations. 

Whether you're a business professional, an investor, or an expatriate, understanding the legal system can help you stay compliant and protect your rights.

If you or someone you know is facing criminal charges in China, seeking professional legal representation is crucial.

You can contact Choi & Partners for expert legal support on criminal cases in China! 

FAQs About Criminal Procedure in China

What happens when you get arrested in China?

When someone is arrested in China, they are usually first placed under criminal detention while the police conduct an investigation. If sufficient evidence is found, prosecutors approve an official arrest, and the suspect may be held for months before trial. During this period, access to legal counsel can be restricted, especially in national security cases.

How long can a suspect be detained without trial in China?

Chinese law allows pre-trial detention for up to 37 days before a formal arrest decision is made. Once officially arrested, suspects can be detained for months while the investigation continues, with complex cases extending up to seven months. This is significantly longer than many Western legal systems, where suspects must be charged or released within a few days.

Do foreign nationals have different legal rights in China?

Foreign nationals in China follow the same criminal procedure as Chinese citizens, but diplomatic protections may apply. Embassies can provide legal guidance and monitor the case, but they cannot interfere with the legal process. Additionally, foreign defendants often face longer detentions, language barriers, and limited access to interpreters during legal proceedings.

Can a criminal case in China be appealed?

Yes, a defendant can appeal a criminal conviction within 10 days of sentencing. The appeal is reviewed by a higher court, but new trials are rare unless major legal errors occurred. In most cases, the appeal court reviews documents and evidence rather than holding a full retrial, making strong legal representation crucial in the initial trial.

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