The language used by foreigners in criminal litigation in China

According to relevant laws and regulations of China, in foreign-related criminal litigation in China, the language commonly used in the People’s Republic of China should be used. The People’s Court shall provide translations for free for any foreigner or stateless person to the court proceedings who does not understand Chinese language, with the purpose of guaranteeing the foreign defendant and criminal suspect be effectively participated in criminal litigation and a fair trial.

According to the provisions of the Regulation on Procedures of Criminal Cases Dealt with by Public Security Organs, public security organs shall use the language commonly used in the People’s Republic of China when dealing with foreign-related criminal cases. If the criminal suspect does not understand Chinese language, the public security organ shall provide translation for him.

According to provisions of the Supreme People’s Court’s Interpretation on the Application of Criminal Procedure Law of the People’s Republic of China, people’s courts shall use the language commonly used in the People’s Republic of China in the trial of foreign-related criminal cases, and shall provide translation for the foreign party. The litigation document of the people’s court is a Chinese version. For the foreign party who does not understand Chinese, a foreign language translation version shall be attached, and the translation version is not sealed by the people’s court, and will be subject to Chinese version. If the foreign party understands Chinese, and refuses translation by another person, or does not need a foreign language version of litigation document, he shall make a written statement. Expenses for a translator to appear in court to translate shall not be borne by the defendant.