We last wrote about an Expat who had his phone seized by the cops and was worried about them uncovering his illegal work history…
Now we’re covering what to do if YOU GET ARRESTED!!
Richard Cao, #ExpatRights lawyer from Nanjing.
When talking about being arrested, it is always a serious matter and needs to be dealt with carefully. Especially at the very first stage. The following information may come in handy.
In general, everyone has to abide by the relevant laws of China. In case of someone being suspected of criminal offence, depending on severity of the act, it may lead to either administrative punishment or criminal punishment.
Administrative punishment mainly against minor violations of other persons, property, public order, as well as violations of relevant administrative regulations.The punishment organ is the public security department, so called “police”. The police may release the decision of remit or specific administrative punishment. It may include fine,detention as well as punishment of shortening the duration of residence in China, leaving a bad record on its visa record, and increasing the probability of visa rejection in the future.
Criminal punishment. Anyone who commits an offence under the Criminal Law will constitute a criminal offence and face criminal punishment. The criminal punishment will have to be decided by competent court in China rather than the police. The punishment is normally imprisonment.
The first stage most likely is detention of the person. When someone is arrested by the police, the priority is to find out how serious this is and what can be done to lower the damage for the criminal case filed against the person. The police is getting into the investigation phase of the case. At this phase, the urgent part is to find out the details of the case. Here is a question you may ask, who can go to see the person in custody? Unfortunately not relatives or friends in China. The embassy or consulate of the country where the person is from is entitled to go and see the person, as well as a licensed lawyer in China with Power of Attorney issued by the embassy, consulate or the relatives in China.
What can we do to help the person in custody? They may need clothes, money, medicine and/or other personal items to be delivered. They desperately need a guidance to tell them how to express themselves correctly to the police in order to avoid unnecessary punishment. They may even get help to be out of custody under circumstances, or exempted from imprisonment, even the case withdrew because of wrongful charges.
Last but not least, three more things to remember: time, time, time. If we pass certain dates, there are certain consequences. Well, lets all hope the expats never have to worry about this but have good times and enjoy the lives in China.
Contact Richard if you have more questions, or need help.
or e-mail us: [email protected]
And if you have tips for Expats facing legal trouble..
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