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TABLE OF CONTENTS CHAPTER I GENERAL PROVISIONS CHAPTER II MEETING Section 1 Application for Meeting Section 2 Reply to the Applications for Meeting Section 3 Arrangement for Meeting Section 4 Execution of Meeting CHAPTER III COMMUNICATION CHAPTER IV SUPPLEMENTARY PROVISIONS CHAPTER I GENERAL PROVISIONS Article 1. The present Provisions have been formulated on the basis of the relevant provisions of the Prison Law of the People's Republic of China and the relevant international conventions to which China has acceded to and the bilateral consular treaties concluded with foreign countries. Article 2. The term "criminals of foreign nationalities" described in the present Provisions refers to the foreign citizens that have been sentenced to criminal punishment by any of the people's court of the People's Republic of China and that are now serving their terms of imprisonment within the prisons of China. Stateless criminals serving a sentence in prison shall be treated as if the criminals of foreign nationalities. Article 3. A criminal of foreign nationality may, upon approval, have interviews or communications with the diplomatic and consular officers of the embassy and the consulates of the country in China which he belongs to and his relations or guardians. Article 4. The following principles shall be observed in the handling of interviews or communications of diplomatic or consular officers with any of the criminals of the same nationality: Where the said country has entered into any consular treaty with China, it shall be handled in accordance with the said treaty and in combination with the present Provisions; where it has not entered into any consular treaty with China but ahs joined the Vienna Convention on Consular Relations, it shall be handled according to the Vienna Convention on Consular Relations and in combination with the present Provisions; where it has neither entered into any consular treaty with China, nor has it joined the Vienna Convention on Consular Relations but has diplomatic relations with China, it shall, according to the principle of reciprocity, be handled in conformity with the present Provisions and with reference to the international practices. Article 5. In case any of the diplomatic or consular officers or any of the relations or guardians of the criminal inquires about any of the relevant laws, regulations or rules, the prison or administration of prisons of the province, autonomous region or municipality concerned shall provide. CHAPTER II MEETING Section 1 Application for Meeting Article 6. Where any diplomatic or consular officer requests for interviewing any of the citizens of his own nationality who is serving his term of imprisonment, he shall file a written application to the prisons administration of the province, autonomous region or municipality concerned. It shall be specified in the application the name of the embassy or consulate in China, the number, names and positions of the interviewers, the names and sequence numbers of the certificates of the interviewers, the name, accusation, term of imprisonment and place of serving the imprisonment of the interviewee, the date of the interview and the language to be used. Article 7. Where any of the non-Chinese-nationality relations or guardians of the criminal of foreign nationality applies for interview for the first time, he shall make the application in written form to the prisons administration of the province, autonomous region or municipality via the embassy or consulate in China. It shall be specified in the application the name and sequence number of the certificates of the relations or guardians, the relationship between the interview and interviewee, the name, accusation, term of imprisonment and place of serving the imprisonment of the interviewee, the date of the interview and the language to be used, and the certification materials of the relationship between the interviewer and interviewee shall be submitted. Article 8. Where any of the Chinese-nationality relations or guardians of a criminal of foreign nationality applies for interview for the first time, he shall file a written application to the prisons administration of the province, autonomous region or municipality concerned, and at the same time submit certification materials to prove his identity and the relationship with the interviewee. Article 9. Where any of the relations or the guardians of foreign-nationality criminals applies for further interviews, he may file an application directly to the prison concerned. Section 2 Reply to the Applications for Meeting Article 10. The prisons administration of the provinces, autonomous regions and municipalities directly under the Central Government shall, within 5 workdays as of receiving the written application for interview, decide whether to grant approval or not, and shall make the reply in written form. If approval is to be granted, it shall be confirmed in the reply the time when the application was received, the name of the interviewee, the place for serving the term of imprisonment, the number of interviewers and their names, the time and venue of the interview, and the certificates to be brought along. Where any of the foreign-nationality criminals refuses to have an interview with the diplomatic or consular officers, he shall make a written statement, and the prisons administration of the province, autonomous region or municipality directly under the Central Government shall inform the embassy or consulate in China of the refusal which shall be attached by a photocopy of the written statement. A copy of the notice and the attachment shall be sent to the foreign affairs office of the local place at the same time for archivist purposes. Article 11. The prisons administration of the provinces, autonomous regions and municipalities directly under the Central Government shall, within 5 workdays as of receiving the application of the relations or guardians for interviewing the foreign-nationality criminals for the first time, decide whether to approve or not. If approval is granted, it shall be confirmed in the reply the name of the interviewer and interviewee, the time and venue of the interview, and the certificates to be brought along. Where any of the relations or guardians of the foreign-nationality criminals requests for further interviews, he may file the applications directly to the prison concerned, and the prison shall be give a reply within two workdays. Section 3 Arrangement for Meeting Article 12. Diplomatic or consular officers may, as a general rule, interview the citizens of their own nationalities that are serving their term of imprisonment in China once or twice, and there may not be more than three interviewers each month. If they request for more interviews or more interviewers, they shall file a written application, and the prisons administration of the province, autonomous region or municipality directly under the Central Government may arrange for the interviews by taking the specific circumstances into consideration. The relations or guardians of the foreign-nationality criminals may, as a general rule, have one or two interviews each month, and there may not be more than three interviewers each time. If they request for more interviews or more interviewers, the prisons concerned may make arrangements by taking the specific situations into consideration. Article 13. Each interview shall not last more than an hour. In case of the request for delaying the interview, it may, upon approval of the prison concerned, be delayed appropriately. Article 14. Interviews shall, as a general rule, be arranged in the interviewing chamber. Section 4 Execution of Meeting Article 15. The interviewers shall have the interviews according to the arrangement of the prisons administration of the province, autonomous region or municipality directly under the Central Government or the prison concerned. In case the diplomatic or consular officers have to change the time of interview or the interviewers due to special reasons, they shall be file an application in advance, and subject to the rearrangement of the prisons administration of the province, autonomous region or municipality directly under the Central Government concerned. In case any of the relations or guardians has to change the time of interview, he shall file an application in advance, and shall be subject to the rearrangement of the prisons administration of the province, autonomous region or municipality directly under the Central Government or the prison concerned. In case the interviewer is changed, he shall go through the application procedures anew. Article 16. The relevant provisions concerning the interview of Chinese-nationality criminals shall be observed in the interviews. Article 17. Prior to the beginning of an interview, the prison guards shall inform the interviewers of the recent situation of the interviewee in serving his or her term of imprisonment and his or her health condition, and let them know of the relevant points of attention concerning interviews. Article 18. In the interviews, either the native language or the Chinese language may be used. Article 19. Where the interviewer and interviewee have to deliver letters or any other article to the other party, he or she shall make a declaration to the prison concerned in advance, and submit the letter or articles for inspections according to relevant provisions. They may not be delivered to the interviewer or interviewee until approval has been granted. Article 20. In case the interviewer needs to provide any drugs to the interviewee, he or she shall provide the Chinese or English directions for use, and may be delivered to the interviewee after inspections. Article 21. Where any of the interviewers or interviewees violates any of the provisions concerning interviews and fails to get right after being warned, the prison concerned may suspend the interview. Article 22. The prisons concerned shall arrange for prison guards to accompany the interviews. CHAPTER III COMMUNICATION Article 23. The letters between the foreign-nationality criminals and the diplomatic and consular officers of the embassies and consulates in China shall be delivered in good time by the prisons concerned in accordance to the Vienna Convention Concerning Consular Relations and the bilateral treaties concluded with China. The prisons concerned shall make inspections to the letters between the foreign-nationality criminals and their relations or guardians. The normal letters shall be delivered in good time, while the letters that include any content violating any of the relevant provisions concerning the administration of the prison may be returned, but shall be accompanied by a written or oral explanation. Such situations shall be subject to recording for archivist purposes. Article 24. The appeals, accusations and letters of disclosing violations as well as the letters to the superior authorities of the prisons concerned and the judicial organs shall not be inspected and shall be delivered in good time by the prisons concerned. Article 25. Foreign-nationality criminals may, upon the approval of the prisons concerned, make phone calls to the diplomatic and consular officers of the embassies or consulates of the countries they belong to in China or their own relations or guardians. They shall observe the relevant provisions concerning the phone calls made by the Chinese-nationality criminals when making phone calls. The expenses of phone calls shall be borne by the interviewees themselves. CHAPTER IV SUPPLEMENTARY PROVISIONS Article 26. The interviews of and the communications with foreign-nationality criminals serving their terms of imprisonment in any of the prisons directly under the Ministry of Justice shall be handled by the administrative organ of the Ministry of Justice in charge of prisons and the prisons directly thereunder according to the present Provisions. Article 27. The power to interpret the present Provisions shall remain with the Ministry of Justice. Article 28. The present Provisions shall take effect as of the day of promulgation. |
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