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Conditions for foreign or stateless criminal suspect or defendant entrusting defenders

Updated: Apr 3, 2018 english.legalinfo.gov.cn Print
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According to the provisions of Criminal Procedure Law and the Regulation on Procedures of Criminal Cases Dealt with by Public Security Organs, if a foreign or stateless criminal suspect entrusts defenders, he shall entrust a lawyer practiced in a law firm of the People’s Republic of China, and it means that he has to entrust a Chinese lawyer as his defender.

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, if a foreign defendant entrusts a lawyer, or foreign plaintiff in incidental civil actions entrusts a lawyer to represent him in litigation, he shall entrust a lawyer who has the lawyer’s qualification of the People’s Republic of China and has obtained the lawyer’s practice certificate.

Where foreign defendants are in detention, his guardian, near relatives or the embassy or consulate of his country can entrust persons as his defenders. His guardian and near relatives who entrust persons as his defenders for him, shall provide valid certification of the relationship between themselves and the defendant.

Where the foreign party entrusts his guardian, near relative as a defender or agent, the person being entrusted shall provide valid certification of the relationship between himself and the party. Upon examination, if it conforms to the provisions of the Criminal Procedure Law and relevant judicial interpretations, the people’s court shall allow it.


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