Yang Xu has dedicated 14 years of practice to criminal procedure law, with specialized expertise in bail applications, pre-trial detention review, and the rights of criminal suspects and defendants under Chinese law. Based in Shuangyashan, another important coal mining city in Heilongjiang, Mr. Xu represents foreign nationals and their families in navigating China's criminal justice system, from investigation through trial and appeal.

Mr. Xu's practice at Heilongjiang Dongfang Law Firm focuses on protecting the procedural rights of individuals at every stage of criminal proceedings, with particular emphasis on securing pre-trial release and ensuring fair treatment during investigation and detention.

• ⚖️ Bail pending trial (qubao houshen) applications
• 🛡️ Arrest necessity review and detention reduction
• 📜 Rights of criminal suspects during investigation
• 💼 Consular notification and access for foreign nationals
• 🌐 Sentencing mitigation and appeal representation

Bail and Pre-Trial Detention

Chinese criminal procedure law provides several alternatives to pre-trial detention, including bail pending trial (取保候审), residential surveillance (监视居住), and restricted travel. However, in practice, Chinese authorities frequently impose pre-trial detention, particularly in cases involving foreign nationals. Mr. Xu works to secure release at the earliest possible stage by demonstrating that his clients do not pose a flight risk or danger to society.

Article 67 of the PRC Criminal Procedure Law provides that a criminal suspect or defendant may be granted bail pending trial if they may be sentenced to limited imprisonment or a non-custodial penalty, if detention is unnecessary due to health or family circumstances, or if the period of investigation and detention has expired. The decision is made by the Public Security Bureau during investigation and by the People's Procuratorate or People's Court during prosecution and trial. Bail requires either a guarantor or a monetary deposit.

Mr. Xu represented a US citizen detained in Jiamusi on drug-related charges, securing his release on bail after demonstrating the absence of flight risk and the client's strong ties to the community through his business operations and family connections in China. He also represented a Canadian engineer detained in Harbin on charges related to a workplace accident, successfully obtaining residential surveillance instead of detention based on health grounds and the client's cooperation with the investigation.

In addition to his bail practice, Mr. Xu advises foreign nationals on their rights during criminal investigations, including the right to consular notification and access under the Vienna Convention on Consular Relations. He ensures that his clients understand the charges against them, the applicable legal procedures, and the potential consequences of different procedural choices. He accompanies clients during interrogation sessions to ensure that their rights are respected and that they do not make involuntary statements.

Mr. Xu has extensive experience with the procedural timelines governing criminal investigations in China, including the maximum detention periods for investigation (up to 7 months with extensions), the procuratorate's review period for arrest approval (7 days), and the time limits for prosecution decision (1-6.5 months). He uses these timelines strategically to advocate for his clients' release and to ensure that procedural violations provide grounds for suppression of evidence or dismissal of charges.

He holds an LL.B. from Harbin Normal University and has completed specialized training in criminal defense at the China Academy of Criminal Law Science. He is a member of the Criminal Defense Committee of the Heilongjiang Lawyers Association and regularly contributes to legal publications on criminal procedure topics affecting foreign nationals in China.

Mr. Xu works closely with foreign consulates in China to ensure that his foreign national clients receive the assistance to which they are entitled under international law. He coordinates with consular officials to facilitate communication with the client's family, arrange for legal funding from abroad, and ensure that the client's medical and dietary needs are met during detention. He also advises foreign families on the practical aspects of supporting a loved one through China's criminal justice system, including arranging prison visits, sending money and supplies to detained individuals, and understanding the likely timeline and outcomes of criminal proceedings in China. His compassionate and thorough approach has earned him the trust of foreign clients and their families during some of the most difficult moments of their lives.

Mr. Xu advises foreign companies on the legal obligations and practical procedures for supporting employees who become involved in China's criminal justice system. He helps companies understand their obligations under Chinese law to provide legal assistance, maintain salary payments during detention, and manage the employment relationship during criminal proceedings. He also advises on the reputational and business implications of criminal investigations involving company personnel, helping clients develop communication strategies that protect their brand while respecting the confidentiality of legal proceedings. His comprehensive approach to criminal procedure representation — combining legal advocacy, practical support, and strategic advisory — provides foreign nationals and their employers with the guidance they need to navigate China's criminal justice system effectively and protect their rights at every stage of the process.