Foreigner as Witness in Chinese Court: What to Expect

Been asked to testify as a witness in a Chinese court case? Whether civil or criminal, here's what foreigners need to know about the witness process in China.

Witness Obligations

Under Chinese law:

• Witnesses have a duty to testify truthfully
• Perjury is a criminal offense
• Refusal to testify may have consequences
• Foreigners have same obligations as Chinese citizens

Types of Cases

Civil Cases

• Contract disputes
• Business conflicts
• Family matters
• Property disputes

Criminal Cases

• More formal procedures
• Prosecution or defense may call you
• Higher stakes for all involved

Before the Hearing

Preparation

• Review any documents you'll be asked about
• Understand the basic facts of the case
• Know who called you as a witness
• Arrange for interpretation if needed

What to Bring

• Passport (required for identification)
• Any documents you've been asked to produce
• Contact information for your lawyer (if you have one)

During Testimony

The Process

1. Identity verification
2. Oath or affirmation to tell truth
3. Direct examination by calling party
4. Cross-examination by opposing party
5. Questions from the judge

Language Issues

• You have the right to an interpreter
• Court should provide interpreter
• Speak slowly and clearly
• Ask for clarification if needed

Your Rights

• Right to interpretation services
• Right to understand questions before answering
• Right to say "I don't know" if true
• Right to review documents before commenting
• Protection from self-incrimination (limited)

What to Avoid

• Don't guess or speculate
• Don't volunteer extra information
• Don't discuss testimony with other witnesses
• Don't argue with lawyers or judge
• Don't lie - perjury is serious

After Testimony

• You may be recalled for additional questions
• Keep documents until case concludes
• Don't discuss testimony publicly
• Witness fees may be available

Special Situations

If You're Outside China

• Written testimony may be accepted
• Video testimony possible in some cases
• Documents must be authenticated

If You're Also a Party

• Different rules apply
• Consult your lawyer
• May have privilege against self-incrimination