Chapter III Service of Documents

Section 1 Requesting a Foreign State to Serve Documents

Article 20 Where the organ handling a case needs assistance from a foreign state in serving a summons, a notice, an indictment, a written judgment or any other judicial documents, it shall prepare a written request for mutual legal assistance in criminal matters with relevant materials attached, which shall, after being examined and approved by the competent authority to which it is subordinate, be filed with the foreign state by the foreign liaison authorities in a timely manner.

Article 21 For a written request to a foreign state for serving documents, it shall indicate the name or title of the recipient, the address for service of documents and the relevant rights and obligations of which the recipient shall be informed at the service.

Section 2 Requesting the People's Republic of China to Serve Documents

Article 22 A foreign state may request the People's Republic of China to assist in serving a summons, a notice, an indictment, a written judgment and other judicial documents. Such assistance by the People's Republic of China in serving judicial documents does not constitute a recognition of the legal validity of the relevant judicial document from the foreign state.

A foreign state's request for assistance in serving a summons shall be made within the time limit specified in the relevant treaty, if any. In the absence of such treaty or relevant clauses in the said treaty, the request shall be filed no later than three months before the court hearing starts.

The People's Republic of China is under no obligation to assist in serving summons requiring its citizen(s) to be interrogated or appear in court as defendant.

Article 23 Where a foreign state requests the People's Republic of China to serve documents, the written request shall indicate the name or title of the recipient, the address for service of documents and the relevant rights and obligations of which the recipient shall be informed at the service.

Article 24 The people's court or any other organ handling the relevant case that is responsible for assisting in the service of documents shall, in a timely manner, inform the foreign liaison authorities of the result of execution through the competent authority to which it is subordinate. The foreign liaison authorities shall then inform the requesting state, attaching the receipt of service or other documents of proof signed by the recipient, except when the service was not possible.

Chapter IV Investigation and Evidence Collection

Section 1 Requesting a Foreign State to Conduct Investigation and Collect Evidence

Article 25 Where the organ handling a case needs assistance from a foreign state in investigation and evidence collection on any of the following matters, it shall prepare a written request for mutual legal assistance in criminal matters with relevant materials attached, which shall, after being examined and approved by the competent authority to which it is subordinate, be filed with the foreign state by the foreign liaison authorities in a timely manner.

 (1) Search and identification of relevant persons;

 (2) Inquiry and verification of information on property involved in a case and financial accounts;

 (3) Obtainment and provision of testimonies or statements by relevant persons;

 (4) Obtainment and provision of documents, records, electronic data and articles;

 (5) Obtainment and provision of expert opinions;

 (6) Investigation or inspection of places, articles, persons and corpses;

 (7) Search of persons, articles, residences and other relevant places; and

 (8) Others.

For a request to a foreign state for assistance in investigation and evidence collection, the organ handling the case and making such request may include that its person(s) be present when the request is executed.

Article 26 Where a request for assistance in investigation and evidence collection is made to a foreign state, the written request and the attached materials shall indicate the following, when necessary:

 (1) Name, gender, address, identity and contact information of the person under investigation and other materials that can help identify him;

 (2) List of questions to be raised to the person under investigation;

 (3) Name, gender, address of residence, identity and contact information, features of appearance and behaviour of the person who needs to be found or identified, and other materials that can help with the search or identification;

 (4) Ownership, location, characteristics, appearance, quantity and other specific information of the property that needs to be inquired about or verified, or information on the financial accounts that need to be consulted or verified;

 (5) Holder, location, characteristics, appearance, quantity and other specific information about the documents, records, electronic data and articles that need to be obtained;

 (6) Specific information on what needs to be assessed by an expert witness;

 (7) Specific information on places and articles, among others, which need to be investigated or inspected;

 (8) Specific information on what needs to be searched; and

 (9) Other materials that can help with execution of the request.

Article 27 Where the requested state asks evidentiary materials or articles provided to be returned, the organ handling the case shall return them through the foreign liaison authorities as soon as possible.

Section 2 Requesting the People's Republic of China to Conduct Investigation and Collect Evidence

Article 28 A foreign state may request the People's Republic of China to assist in investigation and evidence collection, as specified in Paragraph 1 of Article 25 of this Law.

Where a foreign state requests the People's Republic of China to conduct investigation and collect evidence, the written request and attached materials shall indicate items as specified in Article 26 of this Law, where necessary.

Article 29 Where a foreign state requests assistance from the People's Republic of China in investigation and evidence collection, it may include that its person(s) be present when the request is executed. Any such person permitted to be present shall abide by laws of the People's Republic of China and follow arrangements by the competent authority and the organ handling the case.

Article 30 Where the requesting state makes an assurance about returning evidentiary materials or articles provided to it, as sought by the organ handling the case, the latter may decide to provide as requested.

Chapter V Facilitating Witnesses to Testify or Assist in Investigation

Section 1 Requesting a Foreign State to Facilitate a Witness to Testify or Assist in Investigation

Article 31 Where the organ handling a case needs assistance from a foreign state to arrange for a witness or expert witness to testify in the People's Republic of China, testify by making video and audio records or assist in investigation, it shall prepare a written request for mutual legal assistance in criminal matters with relevant materials attached, which shall, after being examined and approved by the competent authority to which it is subordinate, be filed with the foreign state by the foreign liaison authorities in a timely manner.

Article 32 Where a request is made to a foreign state to arrange for a witness or expert witness to testify or assist in investigation, the written request and materials attached shall indicate the following, where necessary:

 (1) Name, gender, address, identity and contact information of the witness or expert witness and other materials that can help identify him;

 (2) Purpose, necessity, time, place and other information about the requested testifying or assistance in investigation;

 (3) Rights and obligations of the witness or expert witness;

 (4) Measures to protect the witness or expert witness;

 (5) Allowances to be granted to the witness or expert witness; and

 (6) Other materials that can help with execution of the request.

Article 33 A crime committed by a witness or expert witness requested to come to the People's Republic of China to testify or assist in investigation before his entry shall not be subject to prosecution before he departs.  His personal freedom shall not be restricted either, unless he commits an offence after entry, in relation to which compulsory measures have been taken.

The preceding paragraph shall cease to apply, where the witness or expert witness fails to depart within the time limit prescribed in the relevant treaty or within 15 days from the day when he notified of no need for further stay, unless the overstay is due to force majeure or other extraordinary reasons.　

Article 34 The organ handling the case in relation to which a request has been made shall, in accordance with law, grant allowances to the witness or expert witness who comes to the People's Republic of China to testify or assist in investigation.

Article 35 Where a person requested to come to the People's Republic of China to testify or assist in investigation is a detainee, the foreign liaison authorities shall, in conjunction with the relevant competent authority, reach an agreement with the requested state in advance on matters relating to the transfer of the detainee.

The competent authority and the organ handling the case shall abide by the said agreement, including taking the transferred person into custody in accordance with law and transferring the detainee back to the requested state in a timely manner after completion of the requested testifying or assistance in investigation.

Section 2 Requesting the People's Republic of China to Facilitate Witnesses to Testify or Assist in Investigation

Article 36 A foreign state may request assistance from the People's Republic of China in arranging for a witness or expert witness to testify in the foreign state,  testify by making video or audio records or assist in investigation.

Where a foreign state requests the People's Republic of China to arrange for a witness or expert witness to testify or assist in investigation, the written request and  attached materials shall indicate items specified in Article 32 of this Law, where necessary.

The requesting state shall make a written assurance on treatment accorded to the relevant witness or expert witness, as prescribed in Paragraph 1 of Article 33 of this Law.

Article 37 Where a witness or expert witness agrees with a written consent to testify or assist in investigation as requested, the organ handling the case shall, through the competent authority to which it is subordinate, notify in a timely manner the foreign liaison authorities of his agreement, requirements and conditions, who shall then notify the requesting state accordingly.

Where a witness or expert witness is arranged to testify by making video or audio records, the competent authority or the organ handling the case shall dispatch its own person(s) to be present. Any impairment of the sovereignty, security or public interest of the People's Republic of China or violation of basic principles of laws of the People's Republic of China during the recording shall be ceased immediately.

Article 38 Where a foreign state requests transfer of a detainee to testify or assist in investigation abroad and makes assurance to send him back in a timely manner after the completion of the requested testifying or assistance in investigation, the foreign liaison authorities shall solicit opinions of the competent authority and the said detainee. If both the competent authority and the detainee agree, the foreign liaison authorities shall, in conjunction with the relevant competent authority, reach an agreement with the requesting state in advance on matters relating to the transfer of the detainee.

The period of detainment abroad in the course of such assistance shall be subtracted from the duration of imprisonment imposed on the detainee from the People's Republic of China.