Keith Mack
Breaking the law in China can have serious consequences, including detention for up to 37 days before an official arrest is made, and a further 13.5 months of detention before formal charges are laid and the case is transferred to the court. During this time, detainees can only meet with their lawyers and consular officials, and are usually not allowed to speak to family members or friends. Being a foreigner or claiming ignorance of local laws is not an excuse, and foreign governments cannot protect their citizens from the consequences of their actions or override the decisions of local authorities.
| Characteristics | Values |
|---|---|
| Detention period before official arrest | 37 days |
| Detention period before formal charges | 13.5 months |
| Who can detainees meet with? | Lawyers and consular officials |
| Who can't detainees meet with? | Family members or friends |
| Treatment | Inhuman treatment |
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What You'll Learn
- Foreigners are subject to Chinese law if they commit a crime in China
- Suspects can be detained for up to 37 days before an official arrest
- Detainees can only meet with lawyers and consular officials
- Detainees cannot normally speak to family or friends during detention
- The one-child policy was enforced with inhuman treatment
Foreigners are subject to Chinese law if they commit a crime in China
If a foreigner is suspected of committing a crime in China, they may be detained for up to 37 days before the prosecutor approves the arrest. During this time, the police will file an arrest request for the prosecutor's review and approval. If the prosecutor approves the arrest, the foreigner may be detained for up to 13.5 months before formal charges are laid and the case is transferred to the court. It is important to note that detainees in China can only meet with their lawyers and, in the case of foreign nationals, consular officials. They cannot normally speak to family members or friends during detention.
If a foreigner is arrested and charged with a crime in China, they will be subject to the Chinese criminal justice system. This system may be significantly different from the criminal law system in the foreigner's home country, which can increase the stress and practical problems arising from arrest and imprisonment. For example, the language barrier can make it difficult to understand the charges and defend oneself in court.
It is important for foreigners to be aware of the laws and cultural norms in China before travelling there. Breaking the law in China can have serious consequences, and foreigners are not exempt from these consequences just because they are not Chinese citizens. It is also important to note that foreign governments may have limited ability to protect their citizens from the consequences of their actions or to override the decisions of local authorities.
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Suspects can be detained for up to 37 days before an official arrest
Suspects in China can be detained for up to 37 days before an official arrest. This is because the police have to file an arrest request for the prosecutor's review and approval. This usually happens within three days of the suspect being detained, but under special circumstances, the filing time can be extended by one to four days. If the suspect is thought to have committed crimes in multiple places, is a repeat offender, or is part of a gang, the law provides for up to 37 days' detention before official arrest.
During this time, detainees can only meet with their lawyers and, in the case of foreign nationals, consular officials. They are not usually allowed to speak to family members or friends. If a suspect is officially arrested, they may be detained for up to 13.5 months before formal charges are laid and the case is transferred to the court.
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Detainees can only meet with lawyers and consular officials
If you break the law in China, you may be detained for up to 37 days before the prosecutor approves the arrest. After an official arrest, you can be detained for up to 13.5 months before formal charges are laid and the case is transferred to the court. During this time, detainees can only meet with their lawyers and, in the case of foreign nationals, consular officials. They cannot normally speak to family members or friends during detention. If you are a foreign national, your passport will be confiscated by the police. It is important to inform a consular official from your country if this happens to you.
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Detainees cannot normally speak to family or friends during detention
If you break the law in China, you may be detained for up to 37 days before the prosecutor approves the arrest. After an official arrest, you can be detained for up to 13.5 months before formal charges are laid and the case is transferred to the court. During this time, detainees can only meet with their lawyers and, in the case of foreign nationals, consular officials. Detainees cannot normally speak to family or friends during detention. This is one of the ways in which the Chinese and Canadian criminal law systems differ, and it can increase the stress and practical problems arising from arrest and imprisonment in China.
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The one-child policy was enforced with inhuman treatment
If you break the law in China, you are subject to the judicial system of that country. Foreigners are not exempt from the law. The police can detain suspects for up to 37 days before the prosecutor approves the arrest. After an official arrest, you may be detained for up to 13.5 months before formal charges are laid and the case is transferred to the court. Detainees can only meet with their lawyers and, in the case of foreign nationals, consular officials. They cannot normally speak to their family members or friends during detention.
The policy was not applied uniformly across the country. Minority groups were exempt from the one-child limit, and couples who were both only children were allowed to have two children. However, for those who were subjected to the policy, the consequences could be devastating. Families who could not afford the fines were sometimes forced to give up their children for adoption or leave them in orphanages.
The one-child policy also led to a severe gender imbalance in China, with a significant surplus of males. This was due to a traditional preference for male heirs, as well as the fact that male children were seen as more likely to financially support their parents in old age. As a result, female infanticide and sex-selective abortions became common, and there was an increase in the trafficking of women and girls.
The one-child policy was eventually phased out in 2015, replaced by a two-child policy. However, the effects of the policy are still felt today, with a shortage of young people in the workforce and an ageing population.
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Frequently asked questions
If you break the law in China, you are subject to the Chinese judicial system. Being a foreigner or not knowing the local laws is not an excuse. You may be detained for up to 37 days before the prosecutor approves the arrest, and for up to 13.5 months before formal charges are laid and the case is transferred to the court. During this time, you will not be able to speak to family or friends, only your lawyer and consular officials.
The consequences of violating the one-child policy were unclear to many Westerners. However, those who were subjected to the policy often received inhumane treatment when they broke it.
No, Global Affairs Canada, for example, cannot protect you from the consequences of your actions nor override the decisions of local authorities.
