Power of Attorney for Criminal Cases in China: What Foreign Families Need to Provide

Powers of Attorney for Chinese Criminal Cases: What Overseas Families Must Provide

When a foreign national is detained in China and family members overseas need to retain a lawyer, a power of attorney is typically required. Chinese criminal procedure has specific requirements for how this document must be prepared and authenticated. This article explains what is needed and how to provide it from abroad.

Under Article 34 of the PRC Criminal Procedure Law, a criminal suspect or defendant may appoint a defence lawyer. Where the detainee cannot personally sign the power of attorney — because they are in detention and have not yet met the lawyer — a close relative (spouse, parent, child, or sibling) may sign on their behalf. For relatives abroad, the power of attorney must typically be notarised in the country of residence and, depending on that country's relationship with China, authenticated (legalised) at the Chinese embassy or consulate, unless the country is a party to the Apostille Convention.

Authentication Requirements and How to Meet Them From Abroad

The specific documentation required varies by the detaining authority and the lawyer's firm practice, but generally includes: the signed and notarised power of attorney; a copy of the signing relative's passport or ID; proof of relationship (birth certificate, marriage certificate); and a copy of the detainee's passport or identifying information. Some PSB units accept scanned copies initially while originals are in transit. The lawyer can guide the family through the exact requirements for their jurisdiction and the specific detaining authority, and can sometimes arrange for the detainee to sign a separate power of attorney during the first detention centre visit, which can be used while the overseas documents are being processed.

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: SPC Interpretation of the Criminal Procedure Law | MPS Regulations on Criminal Procedure
Key interpretation: SPC & SPP Guiding Opinions on Plea Leniency (2019)
Related: Hiring a Lawyer From Overseas →  |  Detention Timeline →  |  Bail Guide →