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华商案例|外籍人士在华涉刑被拘留无需焦虑,华商涉外律师专业辩护,高效取保候审

2026-07-03

 

 

案件概况

Case Overview

 

 

外国人在中国经商、生活,一旦不慎卷入刑事案件,语言不通、法律制度陌生、涉外流程复杂,极易陷入被动无助的困境。

When foreigners doing business or living in China become embroiled in criminal cases, the language barrier, unfamiliarity with the legal system, and complex foreign-related procedures can easily leave them in a helpless and passive predicament.

 

近日,广东华商(佛山)律师事务所涉外委员会主任林洁瑶律师、争议解决法律服务委员会委员曾洁华律师办理了一起涉外走私毒品刑事案件,为尼日利亚籍当事人争取到检察院不批准逮捕、公安取保候审的良好结果,充分展现我所在涉外刑事领域的专业办案实力。

Recently, Attorney Lin Jieyao, Director of the Foreign Affairs Committee of China Commercial Law Firm(Foshan) , and Attorney Zeng Jiehua, a member of the Dispute Resolution Legal Services Committee, handled a foreign-related criminal case involving drug smuggling. They secured a favorable outcome for a Nigerian client, with the procuratorate deciding not to approve arrest and the public security authority granting release on bail pending trial. This case fully demonstrates our firm's professional competence in the field of foreign-related criminal defense.

 

案件经过

Case Timeline

 

 

 

1

案件背景:

外籍商人涉案,面临逮捕羁押风险

Case Background:

Foreign Businessman at Risk of Arrest and Detention

本案当事人为尼日利亚籍人士,在国内经营家具生意,因涉嫌走私毒品罪被公安机关立案侦查,案件移送人民检察院审查逮捕。

The client, a Nigerian national running a furniture business in China, was placed under criminal investigation by the public security authority on suspicion of drug smuggling. The case was then transferred to the people's procuratorate for review of arrest.

 

当事人面临逮捕羁押风险,若被批捕,不仅人身自由受限,其中国籍妻子与仅8个月大的幼子也将失去家庭经济支柱,家属紧急委托我所林洁瑶、曾洁华律师介入处理。

The client faced the risk of arrest and detention. If the arrest was approved, he would not only lose his personal liberty, but his Chinese wife and their eight-month-old infant son would also lose their family's financial supporter. The family urgently retained Attorneys Lin Jieyao and Zeng Jiehua from our firm to intervene.

 

 

2

办案攻坚:

多维取证,夯实不予批捕核心观点

Case Strategy: Multi-Dimensional Evidence Gathering to Support the Core Argument Against Arrest

接受委托后,两位承办律师第一时间开展全流程辩护工作:

After accepting the engagement, the two attorneys immediately launched a full-scale defense effort:

 

1. 拆解犯罪构成,否定涉案客观行为

Deconstructing the elements of the offense to refute the alleged objective conduct.

细致核对全部涉案线索,锁定关键事实:

  • 当事人有合法稳定家具经营工作,家中未查获任何毒品,与涉案人员从未实际见面,无任何毒品相关客观行为;

  • 当事人仅协助外币兑换转账,无法识别资金来源合法性,交易模式、价格无异常,不存在走私毒品的主观犯罪故意。

They carefully reviewed all case-related leads and established key facts:
The client had a legitimate and stable furniture business, no drugs were found at his residence, he had never met the involved parties in person, and there was no objective conduct related to drugs.
The client had only assisted in currency exchange and transfers, could not identify the illegality of the fund sources, and there were no abnormalities in the transaction model or pricing—thus, he lacked the subjective intent to commit drug smuggling.

 

2. 立足家庭现状,论证无羁押必要性

Assessing the client's family situation to demonstrate the lack of necessity for detention.

结合当事人在国内固定居所、配偶为中国公民、幼子仅8个月、当事人承担家庭经济来源等客观情形,重点阐述无羁押必要性:当事人已如实供述全部事实,愿意足额缴纳保证金,采取取保候审足以保障诉讼顺利进行,不羁押更利于婴幼儿照料与家庭维系。

Considering the client's fixed residence in China, his spouse being a Chinese citizen, their eight-month-old infant, and his role as the family's sole income earner, the defense highlighted the lack of necessity for detention: the client had fully confessed to all facts, was willing to post a sufficient bail bond, and release on bail would adequately ensure the smooth progress of the proceedings while better facilitating infant care and family stability.

 

 

案件结果

Case Outcome

 

 

 

 

检察院采纳意见,当事人顺利取保

The procuratorate Accepted the Defense Arguments, and the Client Was Successfully Released on Bail.

广州市人民检察院充分采纳我所律师观点,对当事人作出不批准逮捕决定。广州市公安局依据《刑事诉讼法》第九十一条第三款规定,出具《取保候审决定书》,当事人顺利办理取保手续,缴纳保证金后解除羁押,得以重获人身自由,回归家庭照料妻儿。

The procuratorate Accepted the Defense Arguments, and the Client Was Successfully Released on Bail.

The Guangzhou Municipal People's Procuratorate fully accepted the attorneys' submissions and decided not to approve the arrest. In accordance with Article 91, Paragraph 3 of the Criminal Procedure Law, the Guangzhou Municipal Public Security Bureau issued a decision on release on bail pending trial. The client completed the bail procedures, posted the bond, and was released from detention, regaining his personal liberty and returning home to care for his wife and child.

 

 

 

 

-本案律师-

Attorneys for This Case

林洁瑶|执业律师

  • 广东外语外贸大学 法学学士

  • 涉外委主任

  • 英语专业八级、口语流利,专注于各类涉外纠纷、民商事诉讼、企业法律顾问服务。擅长处理国际贸易纠纷、租赁合同纠纷、土地纠纷、房产纠纷等,有处理金融案件的经验,致力于为客户提供精准的法律解决方案。

Lin Jieyao 

Practicing Attorney

  • Bachelor of Laws, Guangdong University of Foreign Studies

  • Director of the Foreign Affairs Committee

  • Profile: Holds TEM-8 certification and is fluent in spoken English. Specializes in various foreign-related disputes, civil and commercial litigation, and corporate legal advisory services. Skilled in handling international trade disputes, lease disputes, land disputes, real estate disputes, and has experience in financial cases. Committed to providing clients with precise legal solutions.

 

曾洁华|执业律师

  • 佛山市南海区人民检察院听证员

  • 争议解决法律服务委员会委员

  • 深耕民间借贷、侵权责任、买卖合同等民商事争议纠纷,拥有多年实务诉讼办案经验,担任多家企业常年法律顾问。理论功底深厚,办案严谨专注,坚持精细化处理每一起案件,全力维护当事人合法权益。

Zeng Jiehua

Practicing Attorney

  • Hearing Officer of the People's Procuratorate of Nanhai District, Foshan

  • Member of the Dispute Resolution Legal Services Committee

  • Profile: Deeply experienced in civil and commercial disputes, including private lending, tort liability, and sales contracts, with years of practical litigation experience. Serves as a perennial legal counsel for multiple enterprises. Possesses solid theoretical knowledge, handles cases with rigor and meticulousness, and adheres to a refined approach in every case, striving to fully protect clients' lawful rights and interests.

 

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