Extradition in China
International extradition in China, it is a complex legal mechanism that combines the norms of national legislation, international law, and treaties. If you or your loved ones face extradition to the PRC, it is important to secure the support of experienced lawyers as quickly as possible.
Our company provides comprehensive legal support in matters of extradition and Interpol red notices. We will analyze the case and verify the validity of the charges, ensuring effective protection of your interests during the consideration of extradition in national instances.
The History of Extradition in China
Extradition plays a key role in international cooperation in combating crime. In China, one of the largest economies in the world and an influential geopolitical player, the legal system of extradition has developed gradually due to both historical and political factors.
China signed its first extradition treaty with Thailand in 1993. This step meant that the authorities of the PRC began actively using international legal instruments to return individuals accused of criminal offenses who are hiding outside the country.
Between the PRC and Thailand, there have traditionally been close economic and political ties. The problem of smuggling, drug trafficking, and transnational crime in Southeast Asia required a formal mechanism for the mutual extradition of wanted individuals. However, despite the agreement reached, the actual number of extraditions remained small. Many countries viewed China’s legal system with concern due to the use of the death penalty and insufficient guarantees for the protection of human rights.
Since Xi Jinping was elected General Secretary of the Communist Party of China (CPC) in 2012 and assumed the position of President of the People’s Republic of China in 2013, a large-scale anti-corruption campaign began in the country. The Chinese authorities started actively using the extradition mechanism to bring back individuals accused of corruption-related crimes and other offenses involving embezzlement of state funds.
Under the leadership of Xi Jinping, the Fox Hunt project was launched to track down fugitive corrupt officials abroad. The Chinese authorities not only increased the number of international extradition agreements but also began actively appealing to Interpol to issue Red Notices for suspects. Since Xi Jinping came to power and the campaign to hunt fugitives began in 2014, China has made about 70 extradition attempts involving nearly 400 individuals, most of whom were located in Europe.
Xi Jinping paid special attention to strengthening diplomatic relations in matters of legal cooperation: consultations and negotiations were held with various countries to expedite the signing of extradition treaties.
From 1993 to 2025, the PRC concluded about 60 bilateral agreements with various states. This list included countries from Asia, Africa, Europe, Latin America, and some CIS states. Some agreements were ratified at the parliamentary level, while others are still in the negotiation stage or temporary application.
Why is extradition to China a challenge?
In China, the practice of widespread use of the death penalty still persists, and the exact number of executions carried out is kept secret. Those accused of economic, corruption, or drug-related crimes may face the highest measure of punishment, which for many countries is already sufficient grounds for refusal of extradition.
The Chinese judicial process is heavily tied to party-state structures. It is often pointed out that there is a lack of transparency, and defendants may not have access to independent lawyers or complete case materials.
Extradition requests sometimes concern individuals who have criticized the government of the PRC or belong to religious and national minorities (Uyghurs, Tibetans, members of Falun Gong, etc.). The extradition of such individuals may lead to a violation of the principle of non-refoulement, as there is a likelihood not only of criminal prosecution but also of repression.
Formally, China declares the modernization of its legal system; however, in practice, the rights of defendants and prisoners are not always ensured. Questions about the transparency of judicial processes and the objectivity of verdicts remain open. In some cases, extradition requests are used to intimidate political opponents, businessmen who have fled from repression, or those engaged in activities inconvenient for the Chinese authorities.
To improve the situation, China needs to limit pressure on judges, ensure transparency and a fair process, and provide access to independent lawyers. Abandon the practice of coercing confessions, ensure the possibility of full defense, and prohibit the use of torture.
Until the key issues are resolved, many states will be extremely cautious in fulfilling extradition requests to the PRC. Only real steps toward greater transparency and the protection of human rights can change the situation and simplify the procedure for international extradition.
Countries with extradition treaties with China
For effective cooperation in the field of extradition, states conclude bilateral extradition treaties that define the conditions and procedures for such surrender. The People’s Republic of China (PRC) is actively developing a network of such agreements to strengthen the fight against transnational crime.
China has signed extradition treaties with 59 jurisdictions: Afghanistan, Algeria, Angola, Armenia, Barbados, Belarus, Belgium, Bosnia and Herzegovina, Bulgaria, Brazil, Cambodia, Chile, Republic of Congo, Cyprus, Ethiopia, France, Greece, Grenada, Italy, Indonesia, Iran, Kazakhstan, Kyrgyzstan, Laos, Lithuania, Lesotho, Mexico, Mongolia, Morocco, Namibia, Pakistan, Peru, Portugal, Philippines, Russia, South Africa, South Korea, Romania, Spain, Tajikistan, Thailand, Tunisia, UAE (United Arab Emirates), Ukraine, Uruguay, Uzbekistan, Vietnam.
There are also agreements with Argentina, Australia, Austria, Ecuador, Kenya, Mauritius, Panama, Senegal, Sri Lanka, Turkey, and Zimbabwe; however, the treaties have not yet been ratified.
These agreements allow countries to effectively pursue criminals hiding abroad, ensuring the inevitability of punishment. The treaties establish clear procedures and conditions for extradition, which contributes to transparency and predictability in international relations.
The Extradition Process in China
In 2000, a special “Law of the PRC on Extradition” was adopted, defining the main stages and the competence of authorities in extraditing suspects or convicted individuals to a foreign state.
Extradition begins with an official request submitted by the competent authorities of another state. Depending on the agreement, the request may be transmitted through diplomatic channels or directly to the Ministry of Foreign Affairs of the PRC or the Ministry of Public Security (MPS). The request must include:
- Official warrant for arrest or sentence;
- Description of the crime and evidence (interrogation protocols, testimonies, other materials);
- Indication of the criminal law confirming that the act is a crime in the requesting country;
- Guarantees of non-application of the death penalty and observance of human rights.
If there is an extradition treaty between China and the requesting country, its provisions take precedence. Otherwise, the procedure may be governed by the general principles of international law and the national law of the PRC.
Often, it is the Ministry of Foreign Affairs that receives an official request and forwards it for consideration to other agencies. The Ministry of Public Security is the main body responsible for the practical handling of extradition cases. The Ministry of Public Security checks whether the materials of the request contradict national security interests or if there are political motives behind the prosecution.
In some cases, the Supreme People’s Procuratorate evaluates the evidence or considers the question of whether the facts comply with the principle of double criminality. If the materials are deemed sufficient, the case is forwarded to judicial authorities. The court decision may be subject to appeal to a higher instance, although in China’s practice, other mechanisms for review are limited.
After judicial review, the case may be submitted for final approval to the State Council of the PRC. In the event of a positive outcome, the individual is handed over to the official representatives of the requesting country. Details are discussed: transfer timelines, route, and security guarantees.
Extradition between China and the United States
There is no officially ratified bilateral extradition treaty between the United States and the PRC. China and the United States have significant differences in their legal systems, especially regarding human rights compliance, fair trial, and the application of the death penalty.
Extradition requests are sometimes considered through other mechanisms. The parties may reach “ad hoc” agreements in individual cases. If a person violates immigration laws, the host state may deport them, effectively handing them over to the authorities of the other party. In the presence of an agreement with a third state, China or the United States may seek extradition through it.
In the absence of a formal agreement, the publication of Interpol Red Notices plays a significant role, allowing other countries to detain suspects. Then the issue of extradition is resolved through national judicial procedures and diplomatic channels.
Let us consider several well-known cases when the issue of extraditing individuals to the PRC or from the PRC to the USA became high-profile:
Yan Xizhu is a former official from Zhejiang Province, accused of corruption in China. She hid in the United States, seeking to avoid criminal prosecution in her homeland. The Chinese government attempted to bring her back as part of the global “Fox Hunt” campaign aimed at locating and repatriating fugitive corrupt officials. The PRC filed a request for a Red Notice, after which Yan Xizhu voluntarily returned to China in 2016 under the threat of deportation and further issues in the United States.
Guo Wengui is a Chinese businessman and political critic who emigrated to the United States. China accuses him of a number of economic crimes, while Guo claims that the case has a political motive. Beijing has officially demanded his return, but in the United States, there are significant doubts about the fairness of the trial in China and the risk of political persecution. Guo Wengui continues to live in the United States, defending himself against the request through human rights mechanisms and lawyers.
Contact Our Extradition Lawyers Today
If you or your loved ones are facing the issue of extradition to China, it is important to seek the support of experienced attorneys in a timely manner who can competently defend your rights and interests.
Our team consists of professional lawyers specializing in international law and extradition procedures. Many years of experience allow us to promptly find optimal solutions even in the most complex cases.
We interact with foreign colleagues and experts on China, which provides access to additional information and communication channels. We guarantee complete anonymity and protection of personal information. Any negotiations with Chinese and foreign authorities are conducted strictly in the interest of the client.
During the initial consultation, we will check the status in search databases and determine how likely extradition is. We will assess whether the grounds for the request are valid and whether the accusation complies with the principle of double criminality.
We will develop a well-reasoned legal position confirming the non-compliance of the request with international standards and/or national legislation. We will defend your position before national courts and respond to claims from the Chinese side. If extradition is inevitable, we will seek to mitigate the conditions, file appeals and cassations in higher judicial instances. Contact us right now, to receive qualified consultation from international lawyers, an individual defense plan considering the specifics of the case, reliable representation at all stages of proceedings. The safety and protection of our clients’ rights are our top priority. Trust the professionals to preserve your freedom, reputation, and business under the strict requirements of China’s extradition mechanisms.
Areas of Practice of Our Lawyers
