Can a Foreign Lawyer Defend Me in a Chinese Criminal Case?

What can a foreign lawyer do?

Not much in the Chinese criminal case itself. A lawyer from your home country can help your family find a Chinese defense lawyer and stay in touch with them, and can deal with any related matters that arise under their own country's law.

Who can appoint the Chinese lawyer?

• You, from the time of your first interrogation or the first coercive measure. If you are in custody and ask for a lawyer, the authorities must pass on your request (Article 34 of the Criminal Procedure Law).
• Your guardian or close relatives (spouse, parents, children, full siblings) if you are in custody (Article 34). They need to provide valid proof of their relationship to you.
• Your embassy or consulate. Consular officers have the right to visit you and to arrange for your legal representation (Article 36(1)(c) of the Vienna Convention on Consular Relations). Where a foreign defendant is in custody, the embassy or consulate may appoint a defense lawyer on their behalf (Article 485 of the SPC Interpretation).

An employer or friend cannot formally appoint a defense lawyer on your behalf, though they can help find one and pay the fees.

If you have no lawyer, a court may ask the legal aid authority to appoint one for you (Article 485), and duty lawyers stationed at detention centers can give basic advice.

Appointing from abroad: the paperwork

Powers of attorney sent from outside China, and documents proving a family relationship, must be notarized in the country where they were issued and authenticated, or go through the procedure required by a treaty between China and that country (Article 486 of the SPC Interpretation). Since the Apostille Convention took effect for China on November 7, 2023, an apostille generally replaces consular legalization for documents from other member states. Local practice can vary, so ask the Chinese lawyer exactly what is needed before you start.

In practice, the Chinese lawyer can usually begin with an engagement signed by a close relative, meet the detained person, and confirm the appointment directly with them.

Can family members act as defense counsel?

They can, but not during the investigation, and with far fewer rights than a lawyer.

Besides a lawyer, a suspect or defendant may appoint a guardian, relative or friend as a defender (Article 33). During the investigation stage, however, only a lawyer may act (Article 34), so a non-lawyer defender can act only from the prosecution review stage onward. At trial, a foreign defendant who appoints a guardian or close relative must provide valid proof of the relationship, and the court must allow it if the requirements are met (Article 485 of the SPC Interpretation).

A defender who is not a lawyer is subject to significant restrictions:

• Meeting the client in custody requires the permission of the procuratorate or the court (Article 39). For a defense lawyer, the detention center must arrange the meeting promptly, and no later than 48 hours after the request.
• Reading and copying the case file also requires permission (Article 40). A defense lawyer may do so as of right from the prosecution review stage.
• Going through the evidence with the client is a right given to defense lawyers from the prosecution review stage (Article 39).
• Collecting evidence from witnesses and others, and applying to the procuratorate or court to collect evidence or call witnesses, are rights given to defense lawyers (Article 43).

In practice, a family member who is not a lawyer cannot do the work a professional defense requires: meeting the client in custody during the investigation, assessing the evidence, and dealing with the authorities.

Legal basis (October 2026)

• Criminal Procedure Law of the People's Republic of China, Articles 33, 34, 36, 39, 40 and 43
• Provisions on Procedures for Handling Criminal Cases by Public Security Organs (2020 amendment), Article 369
• Interpretation of the Supreme People's Court on the Application of the Criminal Procedure Law (2021), Articles 485 and 486
• Vienna Convention on Consular Relations (1963), Article 36