Litigation

Method of determining the nationality of foreigners in foreign-related criminal proceedings

According to the provisions of the Regulation on Procedures of Criminal Cases Dealt with by Public Security Organs, a foreign criminal suspect’s nationality will be confirmed according to the valid document he holds at entry; if the nationality is unknown, the exit and entry administration authorities will assist in finding it out. If the nationality cannot be found out, he will be treated as stateless person.

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, a foreigner’s nationality will be confirmed according to the valid document he holds at entry; if the nationality is unknown, it will be confirmed according to the certificate from public security organs or the embassy or consulate in China of relevant countries. If the nationality cannot be found out, he will be treated as stateless person and will be specified as “unidentified nationality” in the written judgment.