National Security and Espionage Charges Against Foreign Nationals in China

National Security Offences in China: The Legal Framework and What Foreign Nationals Must Know

National security and espionage cases against foreign nationals in China are rare but extremely serious — often involving closed proceedings, restricted lawyer access, and severe penalties. The legal framework includes the Criminal Law, the National Security Law, and the Counter-Espionage Law. This article provides an overview for foreign nationals and their counsel.

China's national security legal framework has expanded significantly in recent years. The National Security Law (2015), the Counter-Espionage Law (2014, amended 2023), and the State Secrets Law (2010, amended 2024) create broad prohibitions with severe penalties. Article 110 of the Criminal Law provides for 10 years to life imprisonment — or the death penalty for especially serious cases — for espionage, stealing state secrets, or providing intelligence to foreign organisations. The amended Counter-Espionage Law broadened the definition of espionage to include "collaborating with foreign organisations or individuals to endanger national security."

The Legal Framework for National Security Offences

Foreign nationals working in China — particularly in research, journalism, technology, consulting, and education — must be aware that activities considered routine professional work elsewhere may attract scrutiny under China's national security laws. Photographing military or government facilities, conducting surveys or research without authorisation, or maintaining contacts with foreign government agencies can form the basis of a national security investigation. Once a national security case is opened, access to counsel may be restricted, and consular access may be delayed. Retaining counsel at the earliest possible stage — ideally before formal charges — is critical to protecting the defendant's remaining procedural rights.

For case-specific advice, contact C&Z Partners for a confidential consultation.

Primary legislation: Criminal Law [CN official]; Criminal Procedure Law [CN official]
Also relevant: PSAPL [CN official]; Exit and Entry Administration Law [CN official]
Official sources: Criminal Law (CN)
Key interpretation: SPC & SPP Guiding Opinions on Plea Leniency (2019)
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