Criminal Law and Proceedings in China

All criminal suspects within the territory of the People’s Republic of China (regardless of the nationality) are under the jurisdiction of the PRC Criminal Procedure Law, and the PRC Criminal Law.

However, foreigners performing consular functions enjoy consular privileges and immunities.

To specify:

• Consular General and Consular Officers, and their non-PRC spouses and juvenile children.
• Non-PRC Consular employees who are employed in the administrative or technical service of a consular post, and their non-PRC spouses and juvenile children.
• Non-PRC member of service staff who are employed in the domestic service of a consular pose, limited to performing consular functions.
• Consular Officers stationed in a third country, and their spouses and juvenile children. Limited to the process of going to another country via China.
• Foreign officials coming to China holding a Diplomatic Visa issued by PRC authority.
• Head of foreign states, head of foreign government, foreign ministers and other governmental officials at the same level.

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