Criminal defense in China - International Lawyers Associates
 

Criminal defense in China

We cover all the needs of the detainee, his family and loved ones.

The massive immigration of the Chinese people to European cities and the investment of companies in the eastern nation has forced International Lawyers Associates to prepare, providing clients with a network of partners in the first 20 cities of the country: from Shanghai to Beijing, from Hong Kong in Tianjin and Wuhan, International Lawyers Associates is the best law firm in China.

In the last period, China has implemented a considerable openness towards the international community, with a modernization of the legal system. Three concepts have been sanctioned that revolutionize the Chinese legal framework: the inheritance of other forms of law, especially the Roman one; the social meaning of the latter from a market perspective and its rationality even if a socialist state does not admit it. Based on these assumptions, Chinese jurists strive to harmonize their system with that of the Romanist and European imprint prevailing in the international arena.

Our lawyers in general have taken care, in this country, of assisting the captains of industry and people interested in financial investments in the country, also for import and export purposes. The assistance was carried out inside and outside the courts, always with the inevitable and necessary help of local partners, always indispensable for technical and cultural reasons.

Our team pays special attention and warning, warning the public of all that series of crimes that in China are punishable by capital punishment.

The Chinese penal code, which can also be consulted online, provides for a large number of crimes punishable by the death penalty. Since 2004, the Chinese justice system has handed down up to 6,000 death sentences, of which 3,500 were executed; International Lawyers Associates believes that it is important to publish the list of crimes that involve the death penalty.

If you, a family member or acquaintance is being held for a crime, we can help you.

List of crimes related to the death penalty in China

  • Intentional homicide (art. 232),
  • Economic crimes punishable by the death penalty:
  • Corruption (article 383)
  • Extortion (article 383)
  • Misappropriation (article 383)
  • Resale of tax receipts (article 206)
  • Tax evasion (article 205)
  • Financial forgery (article 170)
  • Speculation
  • Fraud (article 192)
  • Financial or insurance fraud (article 194)
  • Credit card fraud (Article 195)
  • Extortion
  • Blackmail
  • Smuggling (article 151)

Crimes against the state in China

  • Collusion with foreign states to undermine the state (art.102)
  • Attempt to separate the state (art.103)
  • Armed rebellion against the State (art.104)
  • Defection to the enemy (article 108)
  • Espionage (Article 110)
  • Reveal, acquire or steal state secrets (Article 111)
  • Supply of weapons or military equipment to the enemy in time of war (Article 112)
  • Being part of secret associations with a subversive purpose.
  • Subversion

Property crimes, punishable by the death penalty in China

  • Theft (Article 263)
  • Theft of large property (on September 28, 1998, there was a 60 yuan [7.85?] Execution for theft) (art. 264)
  • Habitual theft
  • Using phone lines or public transportation with evidence of theft
  • Theft of communication lines for profit
  • Reproduction of telephone codes for profit
  • Theft or break-in

Other crimes punishable by capital punishment in China

  • Cause destruction of public or private property (Article 115)
  • Jailbreak (Article 317)
  • Spread poison (Article 115)
  • Sale or manufacture of harmful or counterfeit food, toxic alcohol or fake drugs with serious consequences for consumers (Article 141)
  • Sale or manufacture of false or harmful products (added 2003)
  • Production or exhibition of pornographic material (without censorship or without state authorization)
  • Cause explosions (art. 115)
  • Possession, sale or manufacture of weapons, ammunition or explosives (article 125)
  • Gambling (although legal in the Macau Special Administrative Region)
  • Bigamy
  • Obstruction of public order
  • Disturbance of the lives of citizens
  • Using dangerous methods that cause death or serious injury (Article 115)
  • Arson (art. 115)
  • Lenocinio, or organization, coercion, induction, introduction, protection or exploitation of prostitution) (added by the People's Supreme Court in July 1990, confirmed by the 1997 penal code with article 358)
  • Vandalism (presumably reintroduced)
  • Hunting of protected species
  • Leaving quarantine while having SARS or spreading the virus
  • Disclosure or theft of state secrets via the Internet (added January 2001)
  • Cyber hacking
  • Drug-related offenses (article 347)

Procedures and types of sanctions

There are two types of death sentences in China:

  • Immediate: it establishes that after the death penalty there are 3 to 10 days to obtain any pardon, the execution occurs no later than one week after the eventual rejection of the application. Executions usually take place at 10 in the morning, this type of sentence is the most applied.
  • with conditional suspension for two years: provides that the execution be suspended for two years: if the offender, within this period, does not commit any other crime, the sentence is commuted to life imprisonment or another custodial sentence.

As for the executive modalities, there are two: the shot, which is the most applied, and the lethal injection. The shooting is usually collective, in the sense that several prisoners are shot at the same time.

Lethal injection was introduced into the 1997 penal code because it was considered more humane and less brutal than shooting. Today, the number of lethal injection executions is almost equal to the number of executions. Some journalistic reports have indicated that a death camera would be installed in a specially equipped truck produced by the Chinese Iveco plants, which traveling through the national territory would allow the execution of sentences using a mobile structure, with considerable cost savings (detail reported by the program Rai 3 report)

Regarding criminal defense in China, the coordinator of the international trials area, lawyer Alexandro Maria Tirelli, establishes the costs of the mission, also in compliance with a memorandum of understanding and follow-up with the diplomatic authority of the country of origin of the stopped.

Assistance to the detainee at the police station

We maintain contact between the affected and their relatives and loved ones

Before an arrest, the highest priority is to receive specialized legal assistance as soon as possible and to maintain contact with the outside.

 If you or a loved one has been arrested, we can help you.

Assistance in police units

Assistance to the detainee in the same police units within 12 hours to cover all the needs of the affected person and his family.

Specialized advice

We offer information, assistance and advice to the detainee and his family for the duration of the entire process.

Maximum privacy

Personalized treatment and maximum privacy and discretion for the detainee and his family.

Contact us

Send us your question by filling out the form and we will respond as soon as possible. For emergencies you can contact us directly through WhatsApp or call our phone number.

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    Summary

    Matters related to extradition, the European arrest warrant, international letters rogatory, as well as all events related to aspects of judicial cooperation between countries and between police forces, has always represented a particularly complicated issue in our country. Imagine the difficulties that those involved may encounter for personal or family reasons when seeking protection, but what exactly is the European arrest warrant? And who deals with the issue in our country?

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