Provisions on meeting foreign or stateless criminal suspects or defendants in detention

According to the provisions of the Regulation on Procedures of Criminal Cases Dealt with by Public Security Organs, before the public security completes the investigation, if foreign diplomatic and consular officials request to visit citizens of their country under residential surveillance, detention, arrest or are in detention center serving a sentence, the public security shall timely arrange for the visit. If the criminal suspect refuses the diplomatic and consular officials of his country to visit him, the public security organ may not arrange the visit, but there should be a written statement issued by the defendant stated as so. During the period of investigation detention by the public security organ, upon the approval of the public security organ, foreign criminal suspects may meet their near relatives and guardians, and can communicate to people outside.

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, during the trial of criminal cases involving foreign parties, if foreign diplomatic and consular officials request to visit a foreign defendant of their country under detention, they may submit the request to the higher people’s court at the place where a people’s court accepts the case. The people’s court shall arrange the visit within the time limit stipulated by a bilateral consular treaty signed by the defendant’s country and China; if there is no treaty, it shall arrange the visit as soon as possible. When necessary, the foreign affairs department of a people’s government can be asked to assist.

During the trial of foreign-related criminal cases, if the guardians or near relatives request to visit a foreign or stateless defendant under detention, they may submit the request to the higher people’s court at the place where a people’s court accepts the case, and provide proof of relationship with the defendant in accordance with the relevant regulations. The people’s court may approve it if after examination the court deems that it will not interfere with trial. If the defendant refuses to accept the visit and meeting, the court may not arrange it, but there should be a written statement issued by the defendant stated as so. To visit and meet the defendant shall abide by the laws and regulations of China.