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Asia and Pacific Prison & Criminal Justice Topics Discussions and Information about Asia and Pacific-region Prisons, Jails, the Criminal Justice System, etc.

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Old 03-13-2018, 12:22 AM
chunghwapost chunghwapost is offline
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Default 10 things will land you in prison in China

How to stay out of jail in China. As a foreigner things you have to avoid, we talk about simple things not something highly political or something I doubt foreigners would be involved at such as government corruption or bribery. These are all 10 things that will land you into serious trouble.

10. Do not get into a fight.

While fighting may not a very serious crime in China, but if you have injured someone in the fight, you may get a prison sentence. Intentional Assault is the crime which may lead to imprisonment up to 3 years. If you hurt someone, the police may give you a chance to settle with the victim if it is not serious, but when the victim refuses or ask for a large sum you cannot afford, the police can press charges against you, you will stay in jail and have a court case against you, so avoid getting into a fight with anyone to avoid jail time. Even for less serious case, you may still be involved in some jail time up to 15 days if you have injured someone in the fight.

9. Do not get involved in a MLM marketing or join a MLM company.

While a MLM marketing may not be strictly illegal in China, e.g AMYWAY, a lot of such companies are illegal are do not operate with approval. Multi-level marketing in China may be labeled as fraud. If the MLM company does sell any products but only make money from recruiting people. This is illegal under Chinese law, violation of China "Multi-level" Marketing law and "Fraud" under the criminal law/code is a serious crime, may be sentenced up to imprisonment for more than 10 years or even life if you are involved in running fraudulent businesses.

8. Do not operate a business without registration or licensing.

If you are a business owner make sure your business field is licensed and go through proper procedure if it is required so. "Unlawful Business Operation" is a crime under Chinese law, it does not need to be something unlawful such as prostitution or cigarettes, if your company needs to get proper licensing and you did not, and if you have profited more than 20-30K Chinese yuan, it will be considered a crime and you may be sentenced to prison under 5 years or more than 5 years if your case is serious.

7. Do not smuggle anything without tax into China.

Smuggling may be vague in China. It does necessary means smuggling guns or drugs which is clearly prohibited. Tax evasion or importing something evading tax is smuggling, at least 3 years imprisonment or up to 10 years if your case is very serious. More than 30k Yuan value of goods is already considered smuggling. If you make fake receipts or try to fool custom officers this is considered very serious crime and a prison sentence is very likely.

6. Do not own a gun or weapon, even avoid a toy gun if you are not familiar with gun laws in China.

Possession of firearms is very serious crime in China, not to even mention smuggling or illegal sale of firearms. While there may be some ways to get a hunting permit in China, but nearly impossible for foreigners or ordinary people not living in the countryside, do not try to own a gun, even an air gun may get you into trouble. In China a air-gun more than 1.8 joules may be considered a firearm. Possessing 2 toy guns or 1 real gun will get you a prison sentence of at least 3 years. Serious case will be 10 years imprisonment or even life if you are a gun runner. However death penalty will not be imposed unlike drugs.

5. Do not owe a credit card debt or bank debts.

While owing a debt is only a civil matter, if you owe the bank and you try not to settle it, the bank may report to the police and it will be a criminal case of fraud. As mentioned fraud is a serious crime will get you time in prison even life if you involved a very serious economic matter.

4. Do not owe or lend people money doing business to people you don't know.

Again, while this is considered a economic matter not a criminal matter. But if your business partner or the person you do business if did something you don't know, do not to take the risk. It may be fraud or falls under other economic crimes such as illegal investment, as a business partner you will be jointly-liable. Even if you are ignorant of it, you will likely be put in jail until the prosecutor has investigated your involvement.

3. Do not drink and drive.

Drunk driving was not a serious crime in the past, usually involve paying a fine or termination of your license. However, nowadays drink driving has become a serious problem the law has tightened very much if you are caught and you may likely go to jail. Several days detention up to 1-2 years in prison even if you have not actually involved in an accident. Killing someone in an accident is manslaughter and it is another serious crime.


2. Do not cheat, steal or commit any crime against a foreigner or even if you are a foreigner yourself.

Especially a foreigner that has a special status in China. While Chinese police may not take local petty crime seriously, if the victim is a foreigner they will do so. Chinese police are very concerned with pride and dignity, if they do nothing and the foreigner complains to their embassy or an higher authority, they will lose their face so that is why they such take such cases seriously. Same case applies if you are a foreigner and you have committed a crime, the police will try to catch you no matter what. This is very different in some other Asian countries where their police does not take foreigners seriously or even extort foreigners when they report a crime. Moreover if you are a foreigner and you are being arrested, you must contact an attorney or your embassy. Do not trust the Chinese police. They will likely not allow you to bail and try to scare you to confess your crime.


1. Do not get involved in drugs.

This includes consumption, possessing, smuggling, everything to do with drugs. Most if not all forms of drugs in China are illegal and the punishment is very severe. More severe than guns. You may even be sentenced to death if you are a drug smuggler or drug dealer. As a drug consumer without actual possession you may still get a jail term or detention if you are tested positive with drugs. If you are caught with drugs, you are in DEEP S*IT, Jackie Chan's son was sent to jail for 6 months for cannabis with no exception. Do not try to take drugs in China, China is not a place to do drugs.

Last edited by chunghwapost; 03-13-2018 at 12:50 AM..
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Old 03-13-2018, 09:18 AM
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So again, many of the same things that will get you arrested in most countries.
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Old 03-13-2018, 09:22 AM
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Thank you for the tips I think they apply to most places in the world.
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Old 03-13-2018, 01:59 PM
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Quote:
Originally Posted by chunghwapost View Post
10. Do not get into a fight.
Same in the USA. You can be charged with FELONY aggravated battery if you injure someone else in a fight.

Quote:
9. Do not get involved in a MLM marketing or join a MLM company.
Same in the USA. Ponzi schemes are illegal, and people have gone to prison. Ask Bernie Madoff.

Quote:
8. Do not operate a business without registration or licensing.
Same in the USA. If you don't register your small business with the Secretary of State or try to evade paying your taxes? You're going to prison.

Quote:
7. Do not smuggle anything without tax into China.
Same in the USA! Authorities will arrest your ass if you try to smuggle any large quantity of goods past customs without approval.

Quote:
3. Do not drink and drive.
VERY ILLEGAL, here in the USA and in most places around the world! Catch your third driving under the influence charge? That's a felony! Kill someone driving drunk? That's manslaughter!

Quote:
1. Do not get involved in drugs.
Same in the USA. Hard time for drug crimes. The War on Drugs is real.

Geez, chunghwa. The more you describe the Chinese justice system, the more it seems like... well, every other system in the world.

Granted, they seem a bit more harsh when it comes to financial crimes or gun crimes, but by and large, they are no different than anywhere else.

Last edited by Nickel Timer; 03-13-2018 at 02:05 PM..
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Old 03-15-2018, 11:47 AM
chunghwapost chunghwapost is offline
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Quote:
Originally Posted by Nickel Timer View Post
Same in the USA. You can be charged with FELONY aggravated battery if you injure someone else in a fight.

Same in the USA. Ponzi schemes are illegal, and people have gone to prison. Ask Bernie Madoff.

Same in the USA. If you don't register your small business with the Secretary of State or try to evade paying your taxes? You're going to prison.

Same in the USA! Authorities will arrest your ass if you try to smuggle any large quantity of goods past customs without approval.

VERY ILLEGAL, here in the USA and in most places around the world! Catch your third driving under the influence charge? That's a felony! Kill someone driving drunk? That's manslaughter!

Same in the USA. Hard time for drug crimes. The War on Drugs is real.

Geez, chunghwa. The more you describe the Chinese justice system, the more it seems like... well, every other system in the world.

Granted, they seem a bit more harsh when it comes to financial crimes or gun crimes, but by and large, they are no different than anywhere else.
You may be right. It is still illegal but I do not know how serious the police will take those things in America. In China the law can carry a very heavy penalty, considering if authorities want to take it to full extend. The crimes I listed are which authorities likely will act and what you should not try to do. There are things police may turn a blind eye such as prostitution or gambling, but not these things.

I thought weed in California marijuana is legal, I was told in some States possession of small amount of drugs is not a felony. Maybe I was wrong. There have been number of cases in China where movie stars such as Jackie Chan's son was sent to prison for 5 months for possession 117 grams of marijuana and taking drugs. I think he received quite a harsh sentence considering they only took drugs for their personal use.

Injuring someone, if settlement cannot be reached will lead to charges. My friend from Australia was detained for around 20 days in China for wounding someone in a bar fight. He told me in Australia he may get bail or maybe a simple fine for that. In China he went to jail.

Gun possession are also taken very seriously not like in US where guns are legal. Even a air gun the police will go nuts if they find one.

As for economic crimes, authorities will act if they receive a complaint or tip. There are often crackdowns on MLM companies and illegal businesses.

When I was in jail, 90% of the people there were in for stealing, fighting, drugs offenses or economic related crimes.

Last edited by chunghwapost; 03-15-2018 at 12:02 PM..
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