Litigation

Legal aid can be obtained in criminal proceedings in China

According to the Criminal Procedure Law, the Regulation on Legal Aid and relevant judicial interpretations of the Supreme People’s Court, foreigners involved in criminal proceedings in China can obtain legal aid.

Regarding to the appointed legal aid of criminal defender, in a case of public prosecution where a public prosecutor presents in court, if the defendant has not entrusted anyone as his defender due to financial difficulties or other reasons and the people’s court appoints a defender for the defendant, the legal aid organization shall provide legal aid. Where a criminal suspect or defendant is a minor, or suffers vision, hearing, or speech impairment or is a person with mental disorder who has yet not completely lost the ability to recognize or control his behavior, and has not entrusted anyone as his defender, the people’s court, people’s procuratorate, and the public security organ shall notify a legal aid organization to appoint a lawyer to defend him. Where a criminal suspect or defendant who is facing with the possibility of being sentenced for life imprisonment or death penalty and has not entrusted anyone as his defender, the people’s court, people’s procuratorate, and the public security organ shall notify a legal aid organization to appoint a lawyer to defend him. This means that foreigners in certain circumstances can become the object of legal aid in criminal proceedings in China. The legal aid organization shall provide legal aid according to the official letter for defense notified to it.

In addition to the appointed legal aid of criminal defender, foreigners can also apply for legal aid in criminal proceedings. Where foreigners apply for legal aid in criminal proceedings, they shall apply to the legal aid organization in China for legal aid according to the conditions and procedures of the international treaties participated by their countries and China together, and the multilateral or bilateral judicial assistance treaties signed by their countries and China, or according to the principle of reciprocity. If there is no agreement or treaty, the application can be submitted to the central authority of judicial assistance in China, namely the Judicial Assistance Department of the Ministry of Justice for approval and agree, as a single case, through the relevant legal aid authority of the Ministry of Justice. Until now, many countries such as Mongolia, the Russian Federation, Kazakhstan, Kyrgyzstan, Tajikistan, Laos, Vietnam and Thailand have signed a criminal or civil and commercial judicial assistance treaty with China, among which includes specific provisions on the issue that citizens of one country apply for legal aid in the other country. If there is no specific provision, relevant rules and principles on international judicial assistance in these treaties can be followed.