Haotian Yuan is a senior criminal litigation attorney at Gansu Yongsheng Law Firm in Lanzhou, with 14 years of experience representing clients in criminal proceedings across Gansu Province. His practice focuses on defending foreign nationals and corporate executives facing criminal charges in China, where he has developed a reputation for navigating the intersection of Chinese criminal procedure and international legal standards.

Mr. Yuan graduated from Renmin University of China Law School and began his career at the Lanzhou Intermediate People's Court before moving into private practice. This dual perspective gives him unique insight into how Chinese courts evaluate criminal evidence, apply sentencing guidelines, and handle cases involving foreign defendants.

⚖️ Key Practice Areas

• ⚖️ Criminal defense for foreign nationals — detention, investigation, trial representation
• 🛡️ White-collar criminal defense — fraud, bribery, embezzlement cases
• 📜 Criminal procedure consultation — pre-arrest advice, detention review hearings
• 💼 Corporate criminal compliance — internal investigations, self-disclosure strategies

Criminal Procedure in China

China's Criminal Procedure Law establishes a three-stage process: investigation (public security), prosecution (people's procuratorate), and trial (people's court). Foreign nationals enjoy the same procedural rights as Chinese citizens under Article 16 of the Criminal Procedure Law, including the right to counsel, the right to an interpreter, and the right to know the charges against them.

A critical distinction under Chinese law is between criminal detention (xingshi juliu) and arrest (daibu). Criminal detention under Article 82 of the Criminal Procedure Law allows public security organs to detain a suspect for up to 30 days, extendable to 37 days for certain offenses. During this window, the procuratorate decides whether to approve arrest. This period is the most important phase for defense counsel to intervene.

Under Article 86 of the Criminal Procedure Law, the procuratorate must interview the suspect and hear the defense lawyer's opinions before approving an arrest. A well-prepared submission during this window can prevent unnecessary pretrial detention.

For foreign nationals, Article 19 of the Exit and Entry Administration Law imposes additional notification requirements — the public security organ must notify the embassy or consulate of the detainee's home country within 48 hours. Many foreign defendants are unaware of this right, making early legal representation essential.

Trial Procedures

Chinese criminal trials follow an inquisitorial model where the presiding judge plays an active role in examining evidence. The defense may present evidence, cross-examine witnesses, and make closing arguments. Foreign defendants are entitled to a translator at government expense under Article 9 of the Criminal Procedure Law.

Sentencing in China follows a structured framework. The People's Procuratorate recommends a specific sentence range, and the court issues its judgment after deliberation. Mitigating factors — voluntary surrender, restitution, first-time offense, and cooperation with authorities — can significantly reduce sentences under Article 67 of the Criminal Law.

Mr. Yuan advises foreign clients to engage counsel immediately upon learning of an investigation, ideally before any detention occurs. Early intervention can influence charging decisions, prevent asset freezes, and position the case for the most favorable outcome.