C to E 在中國內地人身自由被限制後該如何尋求救濟

I hate to put yet another boring topic here, but I feel terrible with this kind of  and would listen to some ideas.


台灣商人如被公安機關拘留或逮捕可儘快委託大陸律師提供法律幫助，因為根據法律規定，犯罪嫌疑人在被偵察機關第一次訊問後或者採取強制措施之日起，可以聘請律師為其提供法律諮詢，代理申訴、控告。犯罪嫌疑人被逮捕的，聘請的律師可以為其申請取保候審。如犯罪嫌疑人、被告人委託的律師及其他辯護人認為法院、檢察院對決定或批准逮捕的犯罪嫌疑人、被告人羈押超過法定期限，律師有權提出釋放或者變更強制措施。

另外，根據現行有關法律規定，公安機關對被拘留的人，除有礙偵查或者無法通知的情況之外，應當把拘留的原因和羈押的處所，在24小時以內，通知被拘留人的家屬或者他們所在的單位。因此，犯罪嫌疑人在被偵查機關第一次詢問後或者採取強制措施之時，可以要求聯絡家人或者聘請律師為其提供法律諮詢，代理申訴、控告、申請取保候審。

再有，內地的法律沒有規定「保持沈默的權利」。根據有關法律規定：犯罪嫌疑人對偵查人員的提問，應當如實回答。但是對與本案無關的問題，有拒絕回答的權利。

How to seek help when detained in China mainland

A businessman of Taiwan, when detained or arrested by Chinese police, shall seek legal assistance from a mainland lawyer as soon as possible, as it is stipulated by law that, after first interrogation by police or from the day of restraining measures being taken, a suspect is entitled to legal advices and defending or making accusations through a representing lawyer .  For an arrested suspect his lawyer may apply for bail. If the lawyer hired by a suspect or an accused or any other defending parties believe that the court or prosecutor』s office has over-remanded their client, they have the lawful right to submit request for release or removal of restraining measures.

In addition, it is required by law that, other than bearing risk of hindering investigation or inability to make contact, police should, within 24 hours, notify the family or employer of a detainee with grounds and location of the detainment. This gives right to a suspect, after being interrogated or detained, to contact his family or hire a lawyer to provide legal advices, as well as to defend, make accusations, or demand for bail on his behalf.

It is also worthy of awareness that the law of China mainland dose not accommodate 「the right to remain silence」. It is a requirement of law that a suspect must answer the questions of police with honesty. However he may refuse to answer questions that are irrelevant to the case.