Criminal Matters in China
When companies expand their businesses into China, there is the risk of arrests on suspicion of having committed acts in breach of Chinese laws and even of criminal prosecutions.
If a company is prosecuted for a crime in China, the Chinese authorities may cancel the permits and approvals that the company needs to develop its business in China. Even if these permits and approvals are not cancelled, the company’s business image in China may deteriorate, which would have a significant impact on its Chinese business.
Therefore, it is necessary first and foremost to act promptly and appropriately at the stage of arrest on suspicion of acts in breach of Chinese laws in order to avoid prosecution for crime, such as by explaining the relevant circumstances to a public security bureau, which is the equivalent in China of the police in Japan. If the issue reaches the stage of a criminal prosecution, it is necessary to take steps in accordance with China’s Criminal Procedure Law, and at the same time to respond appropriately to avoid cancellation of the permits and approvals necessary for expanding the company’s business in China and to prevent the deterioration of the company’s business image in China.
In addition, when companies expand their businesses into China, they may encounter the reverse of the above, that is, they may suffer damage due to acts by Chinese companies or individuals in breach of Chinese laws.
Services provided by Kuroda Law Offices
We have handled responses for matters that have reached the stage of criminal prosecution and are able to provide timely and suitable advice on how to respond when under arrest on suspicion of having committed acts in breach of Chinese laws or when subject to criminal prosecution.
Further, we have also handled prosecutions of Chinese companies that have committed acts in breach of Chinese laws, and can provide advice on how to respond when the client suffers damage due to acts by Chinese companies or individuals in breach of Chinese laws when the client expands its business into China.