Kris Wu’s Detainment: Here’s What It Means And What Will Happen To Him, According To Lawyers
Following Du Meizhu‘s unsettling Weibo posts about Kris Wu‘s predatory behavior, the Chinese police revealed on July 31 that they have now detained the celebrity on suspicions of rape.
In an interview with the Chinese media Sina, a Chinese lawyer Zhang Qi Huai weighed in on the case and explained what this detainment means for Kris Wu and his future. After explaining what it means to be detained by the police, the lawyer clarified that the fact that the Chaoyang Police has taken him into custody “signifies that the investigation has shown there’s evidence that a crime has been committed.”
A criminal case usually starts with someone reporting the incident to a public safety agency. After receiving the report, a preliminary investigation takes place and the person reporting receives a notice signifying that the case has been accepted. This doesn’t mean the case has been filed. The case is filed after the preliminary investigation indicates that the report is substantial enough for the public safety agency to take further actions to investigate — so getting the case filed is the first step.
Once the case is filed, the police embarks an investigation and they only bring a suspect into custody if in the early stages they determine that a. the individual has broken the law and needs to be punished and/or b. that there is a need to prevent the individual from committing more crimes or bringing any harm to the society and/or c. that there is a need to prevent the individual from possibly fleeing. Being criminally detained is a form of holding someone in custody, and it is often done in the early stages of a criminal investigation.
Usually, the ‘suspect’ is called in for 12 hours and is detained in the latter stages of the case when it has developed into something legitimate and complex. Right now, Kris Wu is actually detained — which signifies that the initial investigation has shown there’s evidence that a crime has been committed. It could also be to prevent him from fleeing, such as leaving the country or going into hiding so that the investigations and the legal processes can’t be carried out properly. Again, a detainment is only carried out when there is some basic understanding of the truth and evidence of a crime having taken place.
— Lawyer Zhang Qi Huai
The lawyer went on to discuss what makes Kris Wu’s case more complicated than others. He said, from a legal perspective, Kris Wu’s case is likely to be “greatly influenced by the public opinion as he’s a celebrity and public figure.”
Kris Wu’s case is greatly influenced by the public opinion as he is a celebrity and a prominent public figure in China. The fact that the Chaoyang Police announced this specific development to his case at this time shows that the authorities have been extremely diligent in their investigations — since his case is very complicated.
— Lawyer Zhang Qi Huai
Regardless of how complicated his case may be, Kris Wu is to be tried in China according to Chinese laws. According to the lawyer, his Canadian nationality will not make a difference in the trial, as “the process and sentencing are all the same [as they would be] for a Chinese citizen.”
One of the reasons for criminally detaining an individual — when a crime has already taken place — is to prevent that individual from influencing the investigations in any way or fleeing to avoid being tried in court. In Kris Wu’s case, since he’s a foreigner, there is a possibility for him to leave the country and make it difficult for the trial to take place. So he has been criminally detained. Obviously, now that he’s been detained, it is not possible for him to escape. He will be tried in China according to Chinese laws and could be deported after carrying out his sentence, if found guilty.
In principle, Kris Wu’s national embassy may be notified. There might be some communication when the case goes to court. If his family members are Canadian, they have the right to raise questions through the embassy. But none of this influences the legal process taken by China’s legal authorities. The most they could do is ask whether or not he has been coerced into giving a false confession during the investigation. Otherwise, there’s nothing else they could do. Kris Wu will go through the same legal process and be sentenced as all Chinese citizens do. If he only speaks English or other languages, he may get help from a translator at court. But he is Chinese and so there won’t be any ‘differences’ in how he’s tried, based on his nationality.
— Lawyer Zhang Qi Huai
The next steps in the legal process for Kris Wu are expected to be an official arrest, prosecutor’s indictment, and sentencing through trial. Though the process can take up to six months, the lawyer believes it will be expedited because of the public attention drawn to the case.
Generally after detaining someone, their family is notified within 24 hours. Then the case is forwarded to the prosecutors for examination and approval for an arrest. This takes up to three days, but could be extended by one to four days, to a total of seven days, under special circumstances. This means the decision of whether or not to arrest Kris Wu could be made as late as by the eighth day following detainment.
What’s an arrest? An arrest means that, in addition to having basic solid proof, there is evidence that the crime in question is punishable by a definite prison term, indefinite prison term, or higher. So by making an arrest, it is further confirmed that a crime has actually been committed and if found guilty, the individual would be sentenced. This is the basic rule for making any arrest. Usually, after making an arrest, the suspect would not be in custody for more than two months, although it can be approved for an extension of a month to a total of three months if the case is major and complex.
Kris Wu’s case is expected to unfold like this: The prosecutors will indict him, and after the case goes to court, it will take about two months — at most, six months — for the trial and sentencing. Kris Wu’s crime is most likely complex, so it could take up to six months, but because there’s a lot of attention on this case, it won’t take too long to hold the trial. They might take extra time to ensure everything about the case and the investigations are transparent and then reach a verdict.
— Lawyer Zhang Qi Huai
As for Kris Wu’s endorsements and contracts that may become affected by the case and its eventual outcome, the lawyer pointed out that there are civil law proceedings in place for businesses that “have [seen] losses.”
Kris Wu’s latest endorsements include big name businesses like Louis Vuitton, Tencent, Porsche, and Bvlgari. Since the beginning of his investigation, Kris Wu has had at least 14 contracts terminated.
Any civil law matters can be brought up during the criminal legal proceedings for the victims who have seen materialistic losses due to the suspect’s criminal actions. They can also file civil lawsuits separately. Any losses done by Kris Wu’s crimes to the businesses he endorsed and the media producers he filmed can be negotiated or resolved through these civil law proceedings.
— Lawyer Zhang Qi Huai
Another lawyer, Yan Xu, also commented on Kris Wu’s case and said if he is found guilty, he could be sentenced to more than 10 years — or even life in prison.
Here’s the full timeline of events that took place between Kris Wu and Du Meizhu.
