The time limit for holding a criminal suspect in custody during investigation after arrest shall not exceed two months. If the case is complex and cannot be concluded within the time limit, an extension of one month may be allowed with the approval of the People’s Procuratorate at the next higher level. If due to …
In China, how long can a suspect be held during an ongoing investigation? Read More »
Lehman, Lee & Xu is excited to announce its recognition as a Global 100 firm in the practice of China Advertisement in 2014. Mr. Edward Lehman , managing partner at the firm for over 22 years is proud the firm has been recognized as a true leader in the field. The Award has been determined …
Lehman, Lee & Xu’s Media & Advertisement Practice Recognized as Global 100 Read More »
To carry out the spirit of deepening reform of the administrative examination and approval system, optimizing the management and increasing the efficiency of examination and approval, on May 28th, the Ministry of Commerce issued an Announcement on the Launch of the Advancement in the examination and Approval of Foreign-Invested Projects. By this Announcement, the Ministry …
The all China Lawyers Bar Association (ACLA) is drafting a revised ”Code of Conduct for Lawyers” and accompanying ”Punishment Rules of Lawyers Bar Association for Violations.” The drafts have been distributed to a small group of ACLA members to collect opinions and comments. However, some of the small number of lawyers selected have posted the drafts to a wider audience online, …
Controversy surrounds the China Lawyers Bar Association New Draft Rules Read More »
When detaining a person, a public security organ must produce a detention warrant. Within 24 hours after a person has been detained, his family shall be notified of the reasons for detention and the place of custody, except in circumstances where such notification would hinder the investigation or there is no way of notifying them. …
What are the rules governing detention and interrogation before official arrest? Read More »
If a local People’s Procuratorate at any level believes that there has been a definite error in a judgment or order of first instance made by a People’s Court, it shall present a protest to the People’s Court at the next higher level. If the victim or his legal representative refuses to accept a judgment …
Appeal against a Judgment in a China Criminal Case Read More »
Death penalty shall be subject to approval by the Supreme People’s Court. According to the Criminal Procedure Law of China the Intermediate People’s Courts shall have jurisdiction as courts of first instance over ordinary criminal cases punishable by life imprisonment or the death penalty. Therefore, a sentence of the death penalty may be entered by …
Death Penalty with a Suspension of Execution If a criminal which has received a sentenced of death with a two-year suspension commits no intentional offenses during the period of suspension, the punishment should therefore be commuted at the expiration of the suspension period. The authority responsible for carrying out the execution shall submit a written …
Mr. Edward Lehman appeared on CCTV’s Dialogue on Tuesday, May 27, 2014 to discuss the issue of the USA indictment 5 PLA officers on charges of Cyber Espionage against USA companies. The Indictments were announced last week by the US Department of Justice and drew the displeasure of Chinese officials and Chinese media. During the …
To Whom It Will Apply The death penalty shall only be applied to criminals who have committed extremely serious crimes. If the immediate execution of a criminal punishable by death is not deemed necessary, a two-year suspension of execution may be pronounced simultaneously with the imposition of the death sentence. The following shall not be …
