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Clifford Chance

Clifford Chance

Briefings

Arresting developments Part II: Understanding who is at risk under PRC law

11 September 2013

The recent arrests of four executives and as many as 30 employees of GlaxoSmithKline in China based on allegations of corruption have understandably caused great confusion and concern. Less understood are the PRC detention and arrest processes under which these individuals are being held. Acquiring such an understanding is crucial to companies facing potential investigations in industries targeted for enforcement action. This article summarises the five "mandatory measures" under the PRC Criminal Procedural Law that would physically restrain an individual, as well as available responses to protect one’s rights under the CPL.

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