天波律师事务所
 
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Criminal Defense
 
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Contact Details:
TEL:86-10-84643018
FAX:86-10-84649785

TB lawyers are very experienced in representing aliens under criminal charges in China. Our lawyers are familiar with Chinese legal system and the special situation related to aliens in China. We could always find the proper arguments and legal basis suitable for each case and persuade the decision-maker to make the decision in our client’s favor.

Case Example

Name

Charge

Nationality

Law

Result

Steven

Intentional Murder and Intentional Injury

USA

Death Penalty

13 years sentence for his murder and 3 years for his intentional injury

Nazih

Smuggling

South Africa

more than 10 years life sentence

Set free on Sept 1, 2008

Tim

Endangering Public Safety

Australia

10 years life sentence

Set free on Nov 2, 2009

Criminal Procedure

I. INVESTIGATION
With respect to a criminal case which has been filed, the public security organ shall carry out investigation, collecting and obtaining evidence to prove the criminal suspect guilty or innocent or to prove the crime to be minor or grave. Active criminals or major suspects may be detained first according to law, and criminal suspects who meet the conditions for arrest shall be arrested according to law.

After investigation, the public security organ shall start preliminary inquiry into a case for which there is evidence that supports the facts of the crime, in order to verify the evidence which has been collected and obtained.

The time limit for holding a criminal suspect in custody during investigation after arrest shall not exceed two months. If the case is complex and cannot be concluded within the time limit, an extension of one month may be allowed with the approval of the People's Procuratorate at the next higher level. If investigation cannot be concluded within the time limit above, an extension of two months may be allowed upon approval or decision by the People's Procuratorate of a province, autonomous region or municipality directly under the Central Government:
(1) grave and complex cases in outlying areas where traffic is most inconvenient;
(2) grave cases that involve criminal gangs;
(3) grave and complex cases that involve people who commit crimes from one place to another; and
(4) grave and complex cases that involve various quarters and for which it is difficult to obtain evidence.

II. INITIATION OF PUBLIC PROSECUTION

All cases requiring initiation of a public prosecution shall be examined for decision by the People's Procuratorates. A People's Procuratorate shall make a decision within one month on a case that a public security organ has transferred to it with a recommendation to initiate a prosecution; an extension of a half month may be allowed for major or complex cases.

When examining a case, the People's Procuratorate shall interrogate the criminal suspect and heed the opinions of the victim and of the persons entrusted by the criminal suspect and the victim.

In examining a case that requires supplementary investigation, the People's Procuratorate may remand the case to a public security organ for supplementary investigation or conduct the investigation itself.

In cases where supplementary investigation is to be conducted, it shall be completed within one month. Supplementary investigation may be conducted twice at most. When supplementary investigation is completed and the case is transferred to the People's Procuratorate, the time limit for examination and prosecution shall be recalculated by the People's Procuratorate.

When a People's Procuratorate considers that the facts of a criminal suspect's crime have been ascertained, that the evidence is reliable and sufficient and that criminal responsibility should be investigated according to law, it shall make a decision to initiate a prosecution and shall, in accordance with the provisions for trial jurisdiction, initiate a public prosecution in a People's Court.

III. TRIAL

Trials of cases of first instance in the Primary and Intermediate People's Courts shall be conducted by a collegial panel composed of three judges or of judges and people's assessors totaling three. However, cases in which summary procedure is applied in the Primary People's Courts may be tried by a single judge alone.

After a People's Court has examined a case in which public prosecution was initiated, it shall decide to open the court session and try the case, if the bill of prosecution contains clear facts of the crime accused and, in addition, there are a list of evidence and a list of witnesses as well as duplicates or photos of major evidence attached to it.

After a People's Court has decided to open a court session, it shall proceed with the following work:

(1) to determine the members of the collegial panel;
(2) to deliver to the defendant a copy of the bill of prosecution of the People's Procuratorate no later than ten days before the opening of the court session.
(3) to notify the People's Procuratorate of the time and place of the court session three days before the opening of the session;
(4) to summon the parties and notify the defenders, agents ad litem, witnesses, expert witnesses and interpreters, and deliver the summons and notices no later than three days before the opening of the court session; and
(5) to announce, three days before the opening of the session, the subject matter of the case to be heard in public, the name of the defendant and the time and place of the court session.

If the defendant, private prosecutor or their legal representatives refuse to accept a judgment or order of first instance made by a local People's Court at any level, they shall have the right to appeal in writing or orally to the People's Court at the next higher level. Defenders or near relatives of the defendant may, with the consent of the defendant, file appeals. The time limit for an appeal or a protest against a judgment shall be 10 days and the time limit for an appeal or a protest against an order shall be five days; the time limit shall be counted from the day after the written judgment or order is received.

After accepting a case of appeal or protest, a People's Court of second instance shall conclude the trial of the case within one month, or one and a half months at the latest. The period may be extended by one month upon the approval or decision by the Higher People's Court of a province, autonomous region or municipality directly under the Central Government.

All judgments and orders of second instance and all judgments and orders of the Supreme People's Court are final.

Our Advice:

It is important to hire our lawyers experienced in represent alien client as soon as possible. After the decision-makers build their own view regarding the case, especially the judgment was rendered, there is little chance to change their mind or it will take more effort to do to so. The earlier the suspect’s family hired an experienced lawyer, the easier the lawyer could find and build the ground for acquittal or sentence reduction based on the available facts.

 

 

 

 

 

 

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