The China-ASEAN Prosecutors-General Conference

Order of the President of the People's Republic of China
(No. 13)
The Law of the People's Republic of China on International Criminal Judicial Assistance, as adopted at the 6th Session of the Standing Committee of the Thirteenth National People's Congress of the People's Republic of China on October 26, 2018, is hereby issued, and shall come into force on the date of issuance.
President of the People's Republic of China: Xi Jinping
October 26, 2018
Law of the People's Republic of China on International Criminal Judicial Assistance
(Adopted at the 6th Session of the Standing Committee of the Thirteenth National People's Congress of the People's Republic of China on October 26, 2018)
Table of Contents
Chapter I General Provisions

Chapter II Presentation, Receipt and Handling of Requests for Criminal Judicial Assistance

Section 1 Requesting a Foreign Country to Provide Criminal Judicial Assistance

Section 2 Requesting the People's Republic of China to Provide Criminal Judicial Assistance

Chapter III Service of Documents

Section 1 Requesting a Foreign Country to Serve Documents

Section 2 Requesting the People's Republic of China to Serve Documents

Chapter IV Investigation and Evidence Collection

Section 1 Requesting a Foreign Country to Conduct Investigation and Collect Evidence

Section 2 Requesting the People's Republic of China to Conduct Investigation and Collect Evidence

Chapter V Arranging for a Witness to Testify or Assist in Investigation

Section 1 Requesting a Foreign Country to Arrange for a Witness to Testify or Assist in Investigation

Section 2 Requesting the People's Republic of China to Arrange for a Witness to Testify or Assist in Investigation

Chapter VI Seizure, Impoundment and Freezing of Property Involved in a Case

Section 1 Requesting a Foreign Country to Seize, Impound or Freeze the Property Involved in a Case

Section 2 Requesting the People's Republic of China to Seize, Impound or Freeze the Property Involved in a Case

Chapter VII Confiscation and Return of Illegal Income and Other Property Involved in a Case

Section 1 Requesting a Foreign Country to Confiscate or Return the Illegal Income and Other Property Involved in a Case

Section 2 Requesting the People's Republic of China to Confiscate or Return the Illegal Income and Other Property Involved in a Case

Chapter VIII Transfer of Sentenced Persons

Section 1 Transfer of Sentenced Persons to a Foreign Country

Section 2 Transfer of Sentenced Persons to the People's Republic of China

Chapter IX Supplementary Provisions

Chapter I General Provisions

Article 1 This Law is developed for purposes of guaranteeing the normal proceeding of international criminal judicial assistance, strengthening international cooperation in the field of criminal judicial justice, effectively punishing crimes, protecting the lawful rights and interests of individuals and organizations, and maintaining national interest and social order.
Article 2 For the purpose of this Law, “international criminal judicial assistance” means the mutual assistance provided between the People's Republic of China and foreign countries in the investigation, criminal investigation, prosecution, trial, execution and other activities of criminal cases, including the service of documents, investigation and evidence collection, arrangement of witnesses to testify or assist in investigation, seizure, impoundment and freezing of properties involved in cases, confiscation and return of illegal income and other properties involved in cases, transfer of sentenced persons and other assistance.
Article 3 Criminal judicial assistance between the People's Republic of China and foreign countries shall be provided in accordance with this Law.
The provisions of this Law, the Criminal Procedure Law and other relevant laws shall apply to the execution of requests for criminal judicial assistance made by foreign countries.
Such matters as the authority which signs the written request, the language of the written request and attached materials, the relevant time limit for handling and specific procedures may be handled in accordance with the provisions of criminal judicial assistance treaties or through consultation by both parties, provided that they are not against the basic principles of laws of the People's Republic of China.
Article 4 The People's Republic of China and foreign countries shall provide international criminal judicial assistance under the principles of equality and reciprocity.
International criminal judicial assistance shall not damage the sovereignty, security or public interest of the People's Republic of China, and shall not violate the basic principles of laws of the People's Republic of China.
No foreign institution, organization or individual may conduct criminal proceedings prescribed by this Law within the territory of the People's Republic of China without the approval of the competent authority of the People's Republic of China, and no institution, organization or individual within the territory of the People's Republic of China may provide evidentiary materials and assistance prescribed by this Law to foreign countries.
Article 5 Criminal judicial assistance between the People's Republic of China and foreign countries shall be provided through liaison with foreign affairs liaison authorities.
The Ministry of Justice of the People's Republic of China and other foreign affairs liaison authorities shall be responsible for proposing, receiving and forwarding the requests for criminal judicial assistance and handling other affairs relating to international criminal judicial assistance.
The People's Republic of China and foreign countries shall communicate with each other through diplomatic channels, if there are no criminal judicial assistance treaties between them.
Article 6 The National Supervisory Commission, the Supreme People's Court, the Supreme People's Procuratorate, the Ministry of Public Security, the Ministry of State Security and other departments are the competent authorities in charge of international criminal judicial assistance, and shall be responsible for examining criminal judicial assistance requests made to foreign countries, examining and handling criminal judicial assistance requests made by foreign countries and forwarded by foreign affairs liaison authorities, and undertaking other work relating to international criminal judicial assistance according to the division of functions. In the cases on the transfer of sentenced persons, the Ministry of Justice shall, according to the division of functions, undertake the functions of corresponding competent authorities.
The organs handling criminal judicial assistance cases are the case handling organs of international criminal judicial assistance, and shall be responsible for submitting to the competent authorities to which they are subordinate the requests for criminal judicial assistance to be made to foreign countries, and executing the requests for criminal judicial assistance made by foreign countries and assigned by the competent authorities to which they are subordinate.
Article 7 The state shall guarantee the funds required for international criminal judicial assistance.
Article 8 The expenses incurred from the mutual execution of requests for criminal judicial assistance between the People's Republic of China and foreign countries shall be borne in accordance with the provisions of the treaty if there is a treaty; and shall be resolved through consultation under the principles of equality and reciprocity if there is no treaty or it is not provided for in the treaty.
Chapter II Presentation, Receipt and Handling of Requests for Criminal Judicial Assistance

Section 1 Requesting a Foreign Country to Provide Criminal Judicial Assistance

Article 9 Where the case handling organ needs to request a foreign country to provide criminal judicial assistance, it shall prepare a written request for criminal judicial assistance with the relevant materials attached, which shall, after being examined and approved by the competent authority to which it is subordinate, be filed by the foreign affairs liaison authority with the foreign country in a timely manner.
Article 10 A written request for criminal judicial assistance shall be filed with a foreign country in accordance with the provisions of the criminal judicial assistance treaty; if there is no such treaty or it is not provided for in the treaty, the provision of Article 13 of this Law may apply mutatis mutandis, or if the requested country has particular requirements, the request may be filed according to the particular requirements of the requested country, provided that it is not against the basic principles of laws of the People's Republic of China.
The written request and the attached materials shall be prepared in Chinese and be accompanied by a translation of the official language of the requested country.
Article 11 Where the requested country puts forward additional conditions for the execution of a request for criminal judicial assistance, if it does not damage the sovereignty, security or public interest of the People's Republic of China, the Ministry of Foreign Affairs may make a commitment. If the requested country expressly states that the commitment made by the foreign affairs liaison authority is sufficient and effective, the foreign affairs liaison authority may also make a commitment. The commitment to restrict prosecution shall be decided by the Supreme People's Procuratorate; and the commitment to sentencing shall be decided by the Supreme People's Court.
When investigating the criminal liability of a person involved in a case, the relevant authority shall be bound by the commitment made.
Article 12 After receiving the relevant notice or execution result provided by a foreign country, the foreign affairs liaison authority shall forward it to or inform the competent authority in a timely manner.
Where a foreign country requests a notification of the litigation result in a case for which it provides criminal judicial assistance, the foreign affairs liaison authority shall transfer the case to the competent authority for handling.
Section 2 Requesting the People's Republic of China to Provide Criminal Judicial Assistance

Article 13 When a foreign country requests the People's Republic of China to provide criminal judicial assistance, it shall file a written request in accordance with the provisions of the criminal judicial assistance treaty. If there is no treaty or it is not provided for in the treaty, it shall indicate the following matters in the written request and attach the relevant materials：
(1) Name of the organ that makes the request.
(2) Case nature, basic information on personnel involved in the case and criminal facts.
(3) Legal provisions applicable to this case.
(4) Requested matters and the purpose of the request.
(5) Correlation between requested matters and the case.
(6) The period during which the request shall be executed.
(7) Other necessary information or additional requirements.
In the absence of a criminal judicial assistance treaty, the requesting country shall make a reciprocal commitment.
The written request and the attached materials shall be accompanied by a Chinese translation.
Article 14 Under any of the following circumstances, a request for criminal judicial assistance made by a foreign country to the People's Republic of China may be rejected:
(1) The conduct against which the request is made does not constitute a crime in accordance with the laws of the People's Republic of China.
(2) When a request is received, the crime against which the request is made is subject to investigation, criminal investigation, prosecution and trial within the territory of the People's Republic of China, an effective judgment has been rendered, criminal proceedings have been terminated, or the term for prosecution has expired.
(3) The crime against which the request is made is a political offense.
(4) The crime against which the request is made is purely a military offense.
(5) The purpose of the request is to conduct investigation, criminal investigation, prosecution, trial or execute the punishment on the grounds of race, ethnicity, religion, nationality, gender, political opinion, or identity, among others, or the party may receive unfair treatment for the aforesaid reasons.
(6) The requested matters have no substantial relations with the case on which the request for assistance is made.
(7) Any other circumstance where the request may be rejected.
Article 15 When the foreign affairs liaison authority receives a foreign country's request for criminal judicial assistance, it shall examine the written request and the attached materials. If the form and content of the written request satisfy the relevant requirements, the written request and the attached materials shall be forwarded to the competent authority for handling according to the division of functions. If the form and content of the written request fail to satisfy the requirements, the requesting country may be required to supplement materials or submit a new written request.
Where the request for criminal judicial assistance evidently damages the sovereignty, security or public interest of the People's Republic of China, the foreign affairs liaison authority may directly reject the request.
Article 16 After receiving the written request for criminal judicial assistance and the attached materials forwarded by the foreign affairs liaison authority, the competent authority shall conduct examination and handle them respectively as follows:
(1) Where the competent authority deems that it may assist in the execution in accordance with the provisions of this Law and the criminal judicial assistance treaty, it shall make a decision and arrange the execution by the relevant case handling organ.
(2) Where the competent authority deems that it shall refuse to provide assistance, either entirely or partially, as prescribed by Article 4 or 14 of this Law or the criminal judicial assistance treaty, it shall return the written request and the attached materials to the foreign affairs liaison authority and explain the reason.
(3) Where the competent authority has confidentiality requirements for or other conditions attached to the execution of the request, it shall put forward such requirements or conditions to the foreign country through the foreign affairs liaison authority, and decide to execute the request with attached conditions after the foreign country accepts the conditions and makes a written commitment.
(4) Where the competent authority deems it necessary to supplement materials, it shall notify the foreign affairs liaison authority in writing to require the requesting country to provide the materials within a reasonable time limit.
Where the competent authority deems that the execution of a request may obstruct the ongoing investigation, criminal investigation, prosecution, trial or execution of the relevant authority of the People's Republic of China, it may decide to postpone assistance and shall notify in writing the foreign affairs liaison authority of the decision on and grounds for postponing the assistance.
Where a foreign country has confidentiality requirements or other particular procedural requirements for the execution of its request, the competent authority may arrange the execution of the request in accordance with such requirements provided that it is not against the basic principles of laws of the People's Republic of China.
Article 17 The case handling organ shall, after receiving a foreign country's request for criminal judicial assistance assigned by the competent authority, execute the request in accordance with the law, and report the execution result or circumstances that obstruct execution to the competent authority in a timely manner.