Legal analysis: The determination of the nationality of a foreigner in the trial procedures of foreign-related criminal defense cases shall be based on the valid documents issued at the time of entry; if the nationality is unknown, the identification of the foreigner’s nationality shall be based on the identification by the public security organ in conjunction with the foreign affairs department. If the nationality cannot be ascertained, the person shall be treated as a stateless person and the trial procedures for foreign-related criminal cases shall apply. Issues concerning the criminal liability of foreigners who enjoy diplomatic privileges and immunities shall be resolved through diplomatic channels. In criminal proceedings, foreign defendants enjoy litigation rights and bear litigation obligations under Chinese law. If a foreign defendant entrusts a lawyer to defend him, and a plaintiff or private prosecutor in an incidental civil lawsuit entrusts a lawyer to represent him in litigation, he shall entrust a lawyer who has the qualifications of a lawyer of the People's Republic of China and has obtained a practicing certificate in accordance with the law. If a defendant with foreign nationality has not appointed a defender, the people's court may appoint a defender for him. If the defendant refuses to be defended by the defender, he shall submit a written statement or record the oral statement in the file, and the people's court shall allow it. A letter of authorization issued by a foreigner residing outside the territory of the People's Republic of China to a Chinese lawyer or a Chinese citizen must be notarized by a notary public in the country where it is located, authenticated by the Ministry of Foreign Affairs of the country where it is located or its authorized agency, and must be approved by the Chinese embassy or consulate in that country. It must be certified by the embassy in order to be legally effective. However, this is an exception to the mutual exemption agreement between China and that country. The People's Court shall promptly notify the local foreign affairs department of the results of the foreign-related criminal cases. Defendants in foreign-related criminal cases and other relevant criminal suspects identified by the People's Court may make decisions to restrict their exit from the country; witnesses who must appear in court to testify may be required not to leave the country. The decision to restrict exit from the country must be notified to the public security agency or national security agency at the same level.
To serve litigation documents to parties residing outside the territory of the People’s Republic of China and outside the country, the following methods shall be adopted (1) through diplomatic channels; (2) for parties with Chinese nationality, You can entrust the Chinese embassy or consulate to serve the case on your behalf; (3) If the law of the country where the party is located allows service by mail, it can be served by mail; (4) If the country where the party is located has a criminal judicial assistance agreement with my country. It shall be handled in accordance with the provisions of the agreement; (5) The party concerned is the plaintiff in a private prosecution case or an incidental civil action, and if there is an agent ad litem, the party may be served by the agent ad litem. Foreign-related criminal cases are different from ordinary criminal cases. They are a relatively complex criminal case because they involve two or even more countries. If they are not handled properly, they can easily lead to disputes between countries.
Legal basis: "Procedural Regulations of Public Security Organs in Handling Criminal Cases"
Article 345: Handling criminal cases of foreigners shall be strictly carried out in accordance with our country's laws, regulations and rules , safeguard national sovereignty and interests, and fulfill my country’s international treaty obligations in accordance with the principle of mutual benefit.
Article 346: Foreign criminal suspects shall enjoy the litigation rights stipulated by Chinese law in criminal proceedings and shall bear the responsibilities. Corresponding obligations under Chinese law
Article 347: The nationality of foreign criminal suspects shall be confirmed by the valid documents they hold when entering the country; if their nationality is not known, the nationality shall be confirmed by the entry-exit management department. Assist in identification. If the nationality cannot be determined, the suspect shall be treated as a stateless person.
Article 348 The identity of the foreign criminal suspect may be confirmed in accordance with relevant international treaties or through international law. If it is indeed impossible to confirm the case through the cooperation between the criminal police organization and the police, it can be transferred to the People's Procuratorate for review and prosecution based on the self-reported name.