the city or province since they are less likely to experience pressure from the local authorities,
including the local lawyers’ association. In such cases a half hour meeting with their client may require
two days’ travel.
The investigation phase of the case is the responsibility of the case investigation department of the
local bureau of public security. Many lawyers recognise the importance of being able to participate in
this initial stage although their role is quite limited. Lawyers cannot be present during the police
interrogations, but they can provide their client with information about the law, including provisions
against self-incrimination. Lawyers have the right at this stage to be informed of the alleged offence
and to submit their opinions. They can also advise their clients, if appropriate, to file a complaint
against ill treatment or other unlawful behaviour. Many lawyers suggest that their early involvement
in a case is a deterrent against coerced confessions.
The police have up to 30 days to decide whether to recommend the formal arrest of a suspect.
Although intended to be an upper limit, reports indicate that the police make routine use of all time
available. After one month, the procuratorate have a further seven days to approve the decision to
arrest. In the Concluding Observations, following their review of China, the UN Committee Against
Torture was very critical of this extended pre-charge detention. The Committee recommended
reducing the maximum period of police custody and bringing detained persons before a judge within
48 hours.
The more people have approved decisions in a case the harder it is to challenge
the decisions, and, by inference, the people who made them.
The investigation phase of the case can offer lawyers the best prospects to influence the outcome for
their client. If lawyers can convince the police and the procuratorate that the case is weak there is a
chance for it to be dismissed before proceeding too far along in the system. The more people have
approved decisions in a case the harder it is to challenge the decisions, and, by inference, the people
who made them.
Once the procuratorate have approved the decision to arrest, defence counsel may review the case
files and conduct their own investigations. Regulations, first introduced in 2010, now require the
recording of all police interviews where the suspect faces a prison sentence of ten years or more.
Lawyers report that they are generally able to view the video recordings, although in legal aid cases
time spent will not be remunerated. Chapter 3 provides further details of the kinds of evidence that
can be considered and the role of the lawyer.
Although recent reforms have aimed to make the criminal procedure more trial-centred, many
lawyers observe that the investigation and procuratorate stages also provide opportunities to
influence decision-making and to protect their client from ill treatment. New expedited procedures
(see Chapter 4) reinforce the importance of prompt access to legal advice.
Foreign nationals facing the death penalty in China and who are not Chinese speakers are likely to
experience particular difficulties accessing effective legal assistance given the fact that most criminal
defence lawyers are not English speakers. In her 2019 report, the Special Rapporteur on Extrajudicial,
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