When a foreigner or his relative is detained by PSB in China, he must be stuck with panic and doesn’t know what to do. For most foreigners, the only way they can figure out is to seek help from his country’s embassy or consulate. Undoubtedly, that is a right way and indeed the first thing you need to do if you are stuck in such unlucky situation, however, this is not enough to protect you or your relative. You still need a lawyer to make defense for you, provide professional legal service and protect your rights to trial and other lawful rights. Currently, one of our clients’ relative was deep in such dilemma and he found us through his consulate. It is really good for his relative that he can have a lawyer as soon as he was detained. Many times, when a client finds us, his poor relative has been detained or arrested for several months, and the lawyer miss the best time to save him out or protect his lawful rights.
Why you must have a lawyer in such situation? One important reason is that according to Chinese Criminal Procedural Law, only a lawyer can execute some rights, such as meeting the suspect, reading and copying the case files, collecting evidences, without check and approval of the relevant authorities. And a lawyer can protect you from being extorted by the policeman, from bullied by other suspects, apply release on bail or make a defense for you.
Different from some western countries, the detention period before the trial in China is comparatively long, sometimes may last for several months or even years, and there is a low possibility of release on bail, especially for a foreign suspect. No matter whether you will be released for non-guilty finally, during the long period in detention center, a lawyer is really a must.