The International Criminal Judicial Assistance Law was promulgated in 2018 and entered into force on October 26, 2018.

There are 70 articles in total.

The key points are as follows:

1.The “international criminal judicial assistance” means the mutual assistance provided between the People’s Republic of China and foreign countries in the investigation, criminal investigation, prosecution, trial, execution and other activities of criminal cases, including the service of documents, investigation and evidence collection, arrangement of witnesses to testify or assist in investigation, seizure, impoundment and freezing of properties involved in cases, confiscation and return of illegal income and other properties involved in cases, transfer of sentenced persons and other assistance.

2.The provisions of this Law, the Criminal Procedure Law and other relevant laws shall apply to the execution of requests for criminal judicial assistance made by foreign countries.

3.No foreign institution, organization or individual may conduct criminal proceedings prescribed by this Law within the territory of the People’s Republic of China without the approval of the competent authority of the People’s Republic of China, and no institution, organization or individual within the territory of the People’s Republic of China may provide evidentiary materials and assistance prescribed by this Law to foreign countries.

4.The Ministry of Justice of China and other foreign affairs liaison authorities shall be responsible for proposing, receiving and forwarding the requests for criminal judicial assistance and handling other affairs relating to international criminal judicial assistance.

5.China and foreign countries shall communicate with each other through diplomatic channels, if there are no criminal judicial assistance treaties between them.