On April 23, 2026, the Foreign-Related Legal Services Committee of the Beijing Lawyers Association hosted the third session of its 2026 Foreign-Related Legal Practice Exchange. Ms. Wang Xintong, Senior Partner at King&Capital Law Firm and Deputy Director of the Foreign-Related Legal Services Committee of the Beijing Lawyers Association, was invited to deliver a special presentation titled “Key Points of Foreign-Related Criminal Legal Practice.” She provided a systematic overview and practical analysis of topics including the definition of foreign-related criminal cases, specialized practice areas, current trends, as well as the review of overseas evidence, asset recovery and compensation claims abroad, handling conflicts of jurisdiction, and international mutual legal assistance in criminal matters. The exchange session was chaired by Liu Kejang, Director of the Foreign-Related Legal Services Committee. Over 110 participants attended, including some trainee lawyers from the “Beijing Project for Cultivating 100 High-End Foreign-Related Legal Professionals” and foreign-related lawyers.
The photo shows the scene at the Beijing Bar Association’s Third Exchange Meeting on Cross-Border Legal Practice
Against the backdrop of rapidly evolving forms of cross-border crime, deepening regional law enforcement cooperation, and the continuous increase in overseas activities by enterprises and individuals, cross-border criminal law is no longer a “niche practice” in the traditional sense. According to public data, 5,691 foreign-related criminal cases were handled nationwide in 2021, 4,243 in 2023, and 21,000 from January to November 2024; the number of individuals prosecuted for foreign-related criminal offenses reached 49,800 in 2024 and is projected to rise further to 55,000 in 2025. Whether viewed in terms of case volume, the number of individuals prosecuted, or the complexity of case types, foreign-related criminal law has become a specialized field worthy of sustained investment and systematic research by Chinese lawyers. It is closely linked to national security, economic security, and cross-border business operations, and is increasingly entering the practical scope of Chinese lawyers. Drawing on the content of this presentation, we will attempt to outline the areas of foreign-related criminal practice that Chinese lawyers can prioritize for expansion, examining both practical scenarios and competency requirements.
I. Criminal Defense for Foreign Nationals in China:
From Procedural Safeguards to Comprehensive Solutions
This is the most typical and easily understood segment of cross-border criminal practice. In practice, cases involving foreign nationals suspected of crimes in China often involve not only substantive defense but also issues such as handling retainer procedures, notifying and facilitating consular visits, communicating with family members abroad, obtaining favorable evidence from overseas, researching foreign laws, deportation, and re-entry restrictions.
Key scenarios in this field include: foreign executives, technical personnel, international students, and foreign employees suspected of committing occupational crimes, drug-related offenses, economic crimes, or violent crimes in China; situations where the defendant’s family members reside abroad long-term, making it difficult to promptly finalize representation arrangements; and cases where the outcome may impact the defendant’s employment, visa status, and family arrangements in China. In this sector, lawyers must not only possess criminal defense capabilities but also be familiar with foreign-related procedural rules, consular protection mechanisms, and regulations regarding the notarization, authentication, or issuance of supplementary certificates for cross-border documents. They must also be able to coordinate with family members abroad, overcome language barriers, and, when necessary, collaborate with foreign lawyers to advance the case.
The photo shows Wang Xintong, Deputy Director of the Foreign-Related Legal Services Committee of the Municipal Bar Association, delivering a presentation
II. Review and Admissibility of Overseas Evidence in Cross-Border Criminal Cases
With the rise in cases involving telecommunications and internet fraud, cross-border money laundering, data crimes, cross-border smuggling, and cross-border corruption, foreign evidence has become a critical foundation for determining the outcome of many cases. Foreign-related criminal defense lawyers face not merely the question of “whether evidence exists,” but rather “how the foreign evidence was obtained, whether it is admissible, and how strong its probative value is.”
Typical scenarios in this area include the introduction of evidence such as foreign police investigation reports, foreign judicial documents, platform backend data, data from overseas servers, chat records, bank statements, and blockchain records into domestic criminal proceedings. Clients and defense counsel must systematically review whether the procedures for obtaining evidence abroad were lawful, whether the evidence was obtained reliably, whether it has undergone proper authentication, and whether it is relevant to the facts to be proven. The core competency of lawyers in this field lies in distinguishing between the different review pathways for evidence generated by public authorities versus that generated by private entities, being familiar with Article 77 of the Interpretation of the Criminal Procedure Law, as well as the rules governing notarization, authentication, and supplementary certificates, and possessing the ability to conduct meticulous cross-examination focusing on authenticity, relevance, and corroboration.
III. Overseas Asset Recovery and Compensation Claims, and Representation of Victims:
Extending from “Pursuing Criminal Liability” to “Recovering Assets”
The value of cross-border criminal practice often lies not only in holding perpetrators criminally liable but also in helping victims secure actual compensation. Particularly in cases involving illegal fundraising, cross-border money laundering, virtual asset transfers, overseas currency holdings, and the freezing of overseas accounts, assets are frequently scattered across different jurisdictions, and criminal judgments alone are insufficient to automatically secure restitution.
Typical practice scenarios in this area include: applications for the return of virtual assets seized overseas; directly asserting property claims under foreign law; assisting Chinese victims in participating in foreign court proceedings; and pursuing recovery of losses through parallel use of Sino-foreign judicial assistance and local procedures. This field places extremely high demands on lawyers: they must not only understand the logic of asset recovery and compensation in Chinese criminal proceedings but also possess the ability to coordinate teams of foreign lawyers, comprehend foreign confiscation and civil recovery systems, and design pathways for the seamless integration of Chinese and foreign legal procedures. For many victims, this practice area is often one of the most practically valuable and high-growth sectors within international criminal law.
IV. Red Notice Review and International Criminal Judicial Assistance:
A pivotal practice area linking domestic and foreign proceedings
The scope for foreign-related criminal defense attorneys to intervene is continuously expanding in matters such as extradition, deportation, surrender, voluntary return to face charges, transfer of sentenced persons, and review of Interpol Red Notices. A defining characteristic of this practice is that legal knowledge alone is far from sufficient; it requires a comprehensive and integrated understanding of domestic criminal procedures, foreign procedures, diplomatic rules, human rights safeguards, and international cooperation mechanisms.
Common practice scenarios include: representing foreign clients subject to extradition requests from China in defending against extradition proceedings in their home countries; assessing risks related to the coordination of self-surrender, voluntary surrender, and asset recovery for individuals planning to return to China; assisting clients in filing requests for review or revocation of Interpol Red Notices; and designing assistance plans regarding the service of documents abroad, the collection of evidence from abroad, and the seizure, freezing, and return of overseas assets. The most critical skill for lawyers in this area is procedural coordination: the ability to interpret the interplay between domestic and foreign procedures, collaborate with foreign counsel on task allocation, and translate complex international assistance matters into clear, actionable legal pathways.
V. Cross-Border Criminal Compliance and Crisis Response for Chinese Enterprises:
New Growth Opportunities Amid the “Going Global” Trend
As Chinese enterprises continue to deepen their overseas investments, cross-border sales, and global supply chain布局, foreign-related criminal risks are increasingly manifesting as corporate risks rather than merely individual risks. Risks of commercial bribery involving overseas agents, distributors, consulting fees, and channel rebates; risks related to export controls and customs declarations; risks concerning cross-border data and trade secrets; disclosure risks in overseas M&A and securities offerings; as well as money laundering and illegal business operation risks associated with cross-border settlements, virtual currencies, and offshore accounts—all of these can trigger criminal crises at the corporate level.
Typical scenarios in this practice area include: piercing the corporate veil to hold parent companies and executives liable for illegal acts committed by overseas subsidiaries or partners; local criminal investigations triggered by environmental, workplace safety, or labor-related incidents in overseas projects; procedural errors in export controls, transshipment trade, sanctions compliance, and cross-border data flows; and situations where, following a major crisis, a company must simultaneously address regulatory, criminal, civil, and public relations pressures both domestically and internationally. The core competency of attorneys in this field lies in integrating criminal risk identification, investigation response, evidence preservation, internal interviews, cross-border data handling, executive protection, and external communications to establish a comprehensive solution for enterprises—spanning from pre-incident due diligence to crisis management during incidents.
VI. Coordination of Cross-Border Parallel Cases and Overseas Legal Teams:
Project Management Capabilities in Cross-Border Criminal Cases
Many international criminal cases do not follow the model of “one country, one proceeding, one dispute.” On the contrary, the same set of facts often triggers criminal, civil, administrative, and even sanction proceedings across multiple jurisdictions simultaneously. For example, a cross-border fraud, fundraising, or money laundering case may involve criminal proceedings in China, asset freezing proceedings in the United States or the United Kingdom, and civil recovery or regulatory investigations in other countries.
In such scenarios, the key role of Chinese lawyers is often not to replace all foreign counsel, but to serve as the case’s coordinator and manager: identifying the Chinese client’s core legal objectives, selecting and managing overseas legal teams, balancing litigation positions and evidentiary standards across different jurisdictions, and ensuring that statements made in one proceeding do not harm interests in another. These cases require lawyers not only to understand criminal law but also to possess skills in multi-jurisdictional coordination, project management, and cross-cultural communication.
VII. Practice Areas Related to the International Criminal Accountability System:
High Bar to Entry, but Worth Long-Term Attention
Although practice areas related to the International Criminal Court (ICC), ad hoc international criminal tribunals, and hybrid tribunals remain niche within the daily practice of Chinese lawyers, this does not imply they lack value. As China’s national strength and influence grow, there will be an increasing number of intersecting issues between international criminal law, international human rights law, and domestic criminal procedures.
Practice scenarios in this field include: consulting and research related to the International Criminal Court or ad hoc tribunals; training on international criminal law topics; legal analysis in the context of war crimes or crimes against humanity; and assessing the broader implications of international criminal accountability systems on corporate compliance, cross-border sanctions, and international disputes. Key competency requirements include a solid foundation in international law, proficiency in foreign languages, the ability to conduct institutional research, and the skill to translate international criminal law issues into professional terminology that domestic clients can understand and apply.
Conclusion: Cross-border criminal law is not a “niche practice,”
but an integral part of the professional landscape for Chinese lawyers
This thematic presentation at the Beijing Lawyers Association’s Cross-Border Legal Practice Exchange Conference underscores a clear trend: as Chinese enterprises and citizens increasingly expand globally, the scope of cross-border legal services continues to broaden. Cross-border criminal law deserves attention not only because it directly impacts national security, economic security, and the safety of citizens’ property, but also because it relies heavily on inter-state law enforcement cooperation, mutual recognition of evidence, procedural coordination, and multi-jurisdictional collaboration—all of which serve as a direct test of a lawyer’s practical capabilities within a complex international legal environment.
For Chinese lawyers, expanding into cross-border criminal practice is not merely about “adding a few case types,” but rather about understanding the relationships between procedure, evidence, cooperation, and risk at a higher level. Beijing King&Capital Law Firm will continue to deepen its professional expertise in areas such as cross-border criminal defense, cross-border judicial assistance, asset recovery and compensation abroad, corporate cross-border criminal compliance, and crisis response, thereby driving continuous improvement in cross-border criminal legal service capabilities.
