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Imprisonment with Deportation for Foreigners in China: How Sentences Are Served

Written by Zhang&Partners · Guangzhou, China

Deportation and imprisonment legal concept illustration — how foreign criminals serve sentences and face exit bans in China
The legal framework governing deportation of foreign offenders in China — execution procedures and long-term immigration consequences.
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In recent years, several cases involving foreign nationals in China have resulted in sentences combining fixed-term imprisonment with deportation. For foreign nationals working or living in China, understanding the legal nature of deportation, its modes of application, and its execution procedures is essential to a proper understanding of the Chinese criminal justice system.

1. Legal Nature of Deportation

Deportation is a criminal penalty that compels a convicted foreign national to leave the territory of China.

Article 35 of the Criminal Law of the PRC provides: "Deportation may be applied independently or supplementarily to a foreigner who commits a crime." Accordingly, deportation may be applied in two ways:

  • Independent application: For relatively minor offenses where a principal penalty is unnecessary, the court may impose deportation as a standalone penalty. The judicial authority renders the decision and the public security authority executes it.
  • Supplementary application: For more serious offenses where a principal penalty (such as fixed-term imprisonment) or other supplementary penalties have been imposed, deportation is applied supplementarily, to be executed after the principal penalty has been fully served.

2. Relationship Between Principal and Supplementary Penalties

Under China's criminal law framework, penalties are divided into principal and supplementary categories:

Principal penalties include: public surveillance, criminal detention, fixed-term imprisonment, life imprisonment, and the death penalty.

Supplementary penalties include: fines, deprivation of political rights, confiscation of property, and — specifically applicable to foreign offenders — deportation. Supplementary penalties may also be imposed independently.

Fixed-term imprisonment (a principal penalty) and deportation (a supplementary penalty) may be imposed concurrently. There is no conflict between the two. The order of execution is: fixed-term imprisonment is served first, and deportation is executed after the prison term is completed.

3. Execution Procedures for Deportation

Under applicable laws and regulations, the execution of deportation entails the following procedures:

  • Confiscation of residence documents: All permits authorizing the deportee's residence in China shall be confiscated.
  • Document verification: The executing authority must examine the deportee's valid passport or alternative identification document, as well as any valid visas for transit countries or regions.
  • Cost allocation: The cost of air, train, or ship tickets for departure shall be borne by the deportee. If the deportee is unable to pay and the expense is not covered by a Chinese entity under agreement, the home country's embassy or consulate must arrange payment. If the embassy or consulate refuses or none exists in China, the Chinese government bears the cost.
  • Immediate execution: The public security authority responsible for execution shall carry out the deportation promptly within the specified period.
  • Port of exit: The port of exit shall be determined in advance and arranged as conveniently as practicable. The executing authority shall contact the public security authority and border inspection station at the port of exit in advance, providing relevant information about the deportee, arrival time, and transportation details.
  • Supervised departure: Executing officers must supervise the deportee boarding the means of transport and departing before they may leave. For exits via land border crossings, officers must supervise the deportee's departure from Chinese territory before leaving.

4. Legal Consequences of Deportation

Deportation has significant consequences for the individual's future entry and residency rights:

  • Ten-year entry ban: Under Article 81(3) of the Exit and Entry Administration Law of the PRC, a deported foreigner shall be placed on the prohibited entry list and may not enter China for ten years from the date of deportation.
  • Revocation of permanent residency: Under Article 24 of the Administrative Measures for the Examination and Approval of Permanent Residence of Foreigners in China, if a foreigner holding permanent residence status in China is sentenced to deportation by a people's court, the Ministry of Public Security may revoke their permanent residence status and confiscate or annul their Foreigner's Permanent Residence Card.

5. Supplementary Note on Territorial Jurisdiction

Under Article 6 of the Criminal Law (territorial jurisdiction), the Criminal Law applies to all crimes committed within the territory of the PRC, unless otherwise specially provided by law. This extends to crimes committed aboard Chinese ships or aircraft. A crime is deemed to have been committed within Chinese territory if either the act or the consequence occurs within China.

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This article is general information only, not legal advice for your matter. For professional assistance, consult a PRC-licensed lawyer at Zhang&Partners.