Zihan Chen

Zihan Chen is a Chinese criminal defense lawyer practicing in Xiamen, Fujian Province, focusing on white-collar crime defense and economic criminal litigation. He graduated from Renmin University of China Law School and has been a member of the Fujian Bar since 2010. Attorney Chen has defended clients in over 150 criminal cases, including complex fraud investigations, embezzlement prosecutions, and cross-border crime matters involving foreign nationals. He serves on the Criminal Defense Committee of the Xiamen Lawyers Association.

White-collar crime in China encompasses a broad range of economic offenses under the PRC Criminal Law, including fraud, embezzlement, bribery, misappropriation of funds, tax evasion, insider trading, and intellectual property crimes. For foreign executives and businesses operating in China, the most commonly encountered white-collar charges involve commercial bribery under Article 163 and Article 164 of the Criminal Law, fraudulent activities under Article 266, and tax-related offenses under Chapter 3 of the Criminal Law. The Chinese criminal justice system differs significantly from common law systems in its approach to white-collar crime, with investigative powers concentrated in the hands of the procuracy and the public security bureaus.

When a foreign national becomes the subject of a criminal investigation in China, the procedural timeline is critical. Upon detention, the suspect must be informed of their rights within 24 hours, and the public security bureau must file a formal case within 7 days of detention for criminal . During the investigation stage, which can last up to 7 months with extensions, the suspect is held in detention and has limited access to legal counsel. Chinese law guarantees the right to counsel from the first interrogation, but in practice, attorney access during the investigation stage may be restricted. The defense lawyer may meet with the detained client, review case files after the investigation is concluded and the case is transferred to the procuracy for prosecution review, and submit legal opinions to the procuracy.

Bail pending trial, known as qu bao hou shen, is available for white-collar offenses where the suspected crime carries a maximum penalty of less than life imprisonment and where the suspect does not pose a flight risk or risk of evidence tampering. For foreign nationals, bail applications are evaluated more strictly due to flight risk concerns. The public security bureau may require a surety, a cash deposit, or both, and may impose travel restrictions including surrender of the passport. Attorney Chen advises foreign clients that cooperation with the investigation, voluntary return of any illegally obtained proceeds, and early engagement of legal counsel significantly improve the prospects for bail and more favorable outcomes.

The criminal defense strategy in Chinese white-collar cases involves several stages. During the investigation stage, the defense attorney focuses on securing bail, protecting the client from coercive measures, and ensuring that the client's procedural rights are respected. During the prosecution review stage, the attorney reviews the case file, identifies weaknesses in the prosecution's evidence, and submits arguments for non-prosecution or reduced charges. During the trial stage, the defense presents evidence, examines witnesses, and makes legal arguments before the court. Chinese criminal courts operate under an inquisitorial system where the judge plays an active role in examining evidence, and the defense must be prepared to respond to judicial inquiries. Sentencing in white-collar cases depends on the amount involved, the defendant's role, whether restitution has been made, and whether the defendant has demonstrated remorse. The statutory sentencing range for fraud is up to life imprisonment depending on the amount, while commercial bribery carries penalties of up to life imprisonment for particularly serious cases.

Foreign nationals facing criminal investigation in China should take immediate steps to protect their legal position. These include: retaining qualified Chinese criminal defense counsel with experience in foreign-related cases, preserving all relevant documents and electronic records that may support the defense, notifying their embassy or consulate of the detention, and avoiding any action that could be construed as evidence tampering or witness intimidation. China has entered into bilateral consular notification agreements with many countries, and foreign detainees have the right to consular access under the Vienna Convention on Consular Relations.

Criminal Defense Matter Control — Zihan Chen

I plan enforcement first—assets, licenses, receivables, and interim measures—so strategy is not limited to winning on paper.

I document scope, assumptions, and decision rights at engagement start so foreign clients know what will be filed, who must approve, and when silence becomes a missed deadline.

Energy and natural resources matters require three coordinated workstreams: regulatory permit and concession review, project structuring and financing analysis, and environmental and social compliance assessment.

• ⚖️ Written scope and remedy map
• 📜 Bilingual document control
• 🛡️ Deadline and limitation tracking
• 💼 Enforcement and settlement options in parallel

Cross-Border Coordination for Zihan Chen

I convert complex Chinese procedure into a dated checklist with owners for translation, notarization, and internal sign-off across time zones.

I plan enforcement first—assets, licenses, receivables, and interim measures—so strategy is not limited to winning on paper.

For this practice area, foreign clients typically need three coordinated workstreams: factual chronology and document review, legal position assessment and strategy development, and remedy or compliance pathway planning under applicable PRC law.