When commits a crime, how to request for extradition from China?

1. Can a foreigner who commits a crime in China be extradited back to his home country?

Article one of Extradition Law of the People’s Republic of China states “This law is made so as to ensure the normal proceeding of extradition, strengthen international cooperation on punishment of crimes, protect the legitimate rights and interests of individuals and organizations, safeguard national interests and social order.”
In other words, if a foreigner commits a crime in China and meets the conditions prescribed by the Extradition Law, he or she may be extradited to the home country.https://en.wikipedia.org/wiki/Extradition

2. How to apply extradition from China?

2.1 Conditions of extradition

A request for extradition made by a foreign state to the People’s Republic of China shall only be granted if all the following conditions are met at the same time:

(1) The suspected behavior referred to in the request for extradition constitutes a crime according to the laws of both the People’s Republic of China and the requesting State;

(2) Where extradition is requested for the purpose of instituting criminal proceedings, fixed-term imprisonment of not less than one year or other severe punishments may be imposed in accordance with the laws of the People’s Republic of China and the laws of the requesting state; Where extradition is requested for execution of the criminal punishment, the term of un-executed imprisonment of the extradited shall be at least six months when the request for extradition is made.

2.2 Circumstances in which extradition shall be refused

A request for extradition made by a foreign state to the People’s Republic of China shall be refused under any of the following circumstances:

(1) the extradited person holds the nationality of the People’s Republic of China in accordance with the Chinese laws;

(2) At the time of receipt of the request for extradition, the judicial authority of the People’s Republic of China has rendered an effective judgment on the offense indicated in the request for extradition or has terminated the criminal proceedings;

(3) extradition is requested for a political offense, or the People’s Republic of China has granted the criminal the right of asylum;

(4) the extradited person may, on account of his race, religion, nationality, sex, political opinion or identity, be subject to criminal proceedings or execution of criminal punishment, or the extradited person maybe subjected to unfair treatment in judicial proceedings for the above-mentioned reasons;

(5) where, according to the laws of the People’s Republic of China or of the requesting State, the offense referred to in the request for extradition is purely a military offense;

(6) When the request for extradition is received, according to the law of the People’s Republic of China or the requesting State, the person should not be investigated for criminal responsibility because the limitation period for prosecution has expired or the extradited person has been pardoned;

(7) The extradited person has been or may be subjected to torture or other cruel, inhuman or degrading treatment or punishment in the requesting State;

(8) the requesting State makes the request for extradition on the basis of a judgment made in default. Unless, after extradition, the requesting State undertakes to grant the extradited person the opportunity to be retried in his presence.

2.2 Circumstances in which extradition may be refused

A request for extradition made by a foreign state to the People’s Republic of China may be refused under any of the following circumstances:
(1) the People’s Republic of China has criminal jurisdiction over the offence indicated in the request for extradition, and criminal proceedings are under way or criminal proceedings are to be instituted against the extradited person;
(2) extradition is not suitable in accordance with humanitarian principles because of the age, health or other reasons of the extradited person.

2.3 Importance of retaining a lawyer to apply for extradition

The submission of extradition request, the examination of extradition request, the enforcement measures taken for extradition, and the execution of extradition all involve a series of legal issues and involve the laws of both the extraditing country and the extradited country.

It is extremely important to hire a Chinese lawyer with such expertise to provide professional assistance in applying for extradition.https://www.law-office-in-china.com/criminal-defense-lawyer-in-china/