Bottom line: The detained person can appoint a defence lawyer directly. If they are in custody, a guardian or close relative may appoint one on their behalf under Article 34 of the Criminal Procedure Law. For families abroad, the power of attorney is usually signed overseas, notarised, and then either apostilled or consularised before it reaches the lawyer in China.
Wang Guan | Beijing Haolue Law Firm (Co-founder) | Practice certificate no.: 11101202111297085 | 22+ years in legal practice | Practice area: Criminal defense for foreign nationals in China | Tel: +86 178 1310 8512 | Address: F2, East Tower, Hademen Plaza, No.8 Chongwenmenwai Street, Dongcheng District, Beijing
Legal basis
| Layer | Instrument (full name) | Provision | Current version | Effective date |
|---|---|---|---|---|
| Statute | Criminal Procedure Law of the People’s Republic of China | Article 34 – right to appoint defence counsel; guardian or close relative may appoint on behalf of a person in custody | 2018 amendment | 26 October 2018 |
| Statute | Criminal Procedure Law of the People’s Republic of China | Article 39 – meeting and corresponding with a defence lawyer | 2018 amendment | 26 October 2018 |
| Statute | Criminal Procedure Law of the People’s Republic of China | Article 17 – application of this law to foreign nationals | 2018 amendment | 26 October 2018 |
| Treaty | Convention of 5 October 1961 Abolishing the Requirement of Legalisation for Foreign Public Documents (Hague Apostille Convention) | Accession by China; designated competent authority | As in force | In force for China on 7 November 2023 |
| Treaty | Vienna Convention on Consular Relations (1963) | Article 36 – communication and contact, including arranging legal representation | As in force | In force since 19 March 1967 |
Who can appoint a criminal defence lawyer for a detained foreigner?
Article 34 of the Criminal Procedure Law gives the suspect or defendant the right to appoint a defence lawyer from the time of the first interrogation or the application of a compulsory measure. During the investigation stage, only a lawyer may serve as defence counsel.
The same article provides that, where the suspect or defendant is in custody, their guardian or a close relative may appoint a defence lawyer on their behalf. This is the provision that lets a family member abroad start the process when the detained person cannot sign documents inside the detention centre.
Article 17 confirms that this law applies where a foreign national commits a crime that must be investigated for criminal responsibility, and that persons with diplomatic privileges and immunities are handled through diplomatic channels. Article 39 then gives the appointed defence lawyer the right to meet and correspond with the detained person.
Separately, under Article 36 of the Vienna Convention on Consular Relations, consular officers may communicate with and assist their nationals and may arrange legal representation, subject to the wishes of the person concerned. A consulate can therefore help a family make contact, but the formal appointment still runs through the documents described below.
My family member is detained – what documents do we need to hire a lawyer?
In practice, three things are needed: evidence of who is signing, a power of attorney that names the lawyer and the firm, and proper authentication so the document is accepted in China.
Close relatives should be ready to show the relationship, for example with a birth or marriage certificate. Where the detained person signs directly, the defence lawyer can arrange for the signature to be taken during a meeting, but the family route is more common when the person is in custody abroad from their relatives.
Because instructions cross borders, translations and certifications add time. Starting the document process early shortens the delay before the lawyer can be formally on record.
How does a family member abroad sign a power of attorney?
The usual sequence is: draft the power of attorney, sign it before the appropriate authority overseas, have it authenticated for use in China, translate it where required, and send the authenticated original to the lawyer in China.
The precise authentication route depends on where the signatory is and on whether that place is a party to the Hague Apostille Convention. The table below summarises the common situations. These are practical options, not guarantees of acceptance in any particular case, and the requirements of the receiving authority should always be confirmed.
What changed after the Apostille Convention entered into force for China?
China deposited its instrument of accession to the Hague Apostille Convention on 8 March 2023, and the Convention entered into force for China on 7 November 2023. Under China’s accession statement, the Ministry of Foreign Affairs of China is the designated competent authority to issue apostilles, and authorised provincial foreign affairs offices may issue them for documents of their own administrative region. The Convention also continues to apply to the Hong Kong and Macao Special Administrative Regions under their own arrangements.
For documents from other Contracting States, an apostille can replace the older consular legalisation step. This generally simplifies the route by which a power of attorney or a certificate issued abroad can be made acceptable in China.
One point to note is that a Contracting State may object to an accession. India filed an objection concerning China’s accession on 8 September 2023. Where an objection applies between two states, the treaty relationship between them follows the objection, so the authentication route should be checked for the specific countries involved rather than assumed.
How these treaty changes affect any individual instruction to a Chinese lawyer is a practical, case-specific question. The general effect of the Convention is described here, and the requirements of the specific authority should be verified before documents are sent.
Different nationality scenarios
| Scenario | Who usually signs | Authentication route to consider |
|---|---|---|
| Signatory in a Hague Apostille Contracting State with no applicable objection | Close relative or guardian | Notarise locally, then obtain an apostille from that state’s competent authority |
| Signatory in a state that is not a party, or where an objection applies | Close relative or guardian | Notarise locally, then consular legalisation through the Chinese embassy or consulate |
| Signatory already in China | Close relative or guardian | Sign before a Chinese notary public in China |
| Detained person signing directly | The detained person | Signature taken by the defence lawyer during a meeting, within the rules of the facility |
Documents checklist
| Document | Provided by | Notes |
|---|---|---|
| Passport copy of the detained person | Family or detained person | Used to identify the client |
| Proof of relationship | Family member | Birth or marriage certificate, where a relative is appointing |
| Power of attorney naming the lawyer and firm | Client or relative | Should state the scope of authority |
| Notarisation | Notary in the place of signing | Confirms the identity and signature of the signatory |
| Apostille or consular legalisation | Competent authority | Route depends on the country involved |
| Certified translation | Qualified translator | Where a Chinese-language version is required |
| Identification of the signatory | Signatory | Passport or equivalent |
Frequently asked questions
Does the power of attorney need notarisation or an apostille?
Usually yes. A power of attorney signed abroad normally needs notarisation and then either an apostille or consular legalisation, depending on the country. The receiving authority’s requirements should be confirmed first.
Can my embassy hire a lawyer for me?
A consulate may help you make contact and, under the Vienna Convention on Consular Relations, may arrange legal representation, subject to the person’s wishes. The formal appointment is still made through a signed power of attorney.
Can a detained foreigner appoint a lawyer without family?
Yes. The detained person may appoint a defence lawyer directly, and may ask officials to relay that request. Where the person is in custody, a guardian or close relative may also appoint one.
How long does it take to get a lawyer on record?
It depends on how quickly the power of attorney is signed and authenticated, and on translation and delivery times. Preparing documents early shortens the process.
Official sources and related reading
- National Laws and Regulations Database
- HCCH Apostille Convention
- Detained in China: The First 37 Days Explained for Foreigners
- What Is a Power of Attorney in China? Types and Notarization Rules
- More articles in this topic
Rules and procedures can change. Check the current official text and the case-handling authority before relying on a deadline or requirement.
Disclaimer: This article provides general information only and is not legal advice. It does not create a lawyer-client relationship. For advice on any specific situation, consult a qualified lawyer.
Wang Guan | Beijing Haolue Law Firm (Co-founder) | Practice certificate no.: 11101202111297085 | 22+ years in legal practice | Practice area: Criminal defense for foreign nationals in China | Tel: +86 178 1310 8512 | Address: F2, East Tower, Hademen Plaza, No.8 Chongwenmenwai Street, Dongcheng District, Beijing
First published 2026-10-14 | Last updated 2026-10-14 | What changed: first publication, citations verified against the current versions.