According to the provisions of Article 7 of the Criminal Law, this Law is applicable to China citizens who commit crimes stipulated in this Law outside the territory of People's Republic of China (PRC). However, if the maximum penalty prescribed in this law is fixed-term imprisonment of not more than three years, it may not be investigated. This Law shall apply to state functionaries and servicemen of People's Republic of China (PRC) who commit crimes stipulated in this Law outside the territory of People's Republic of China (PRC).
According to Article 10 of the Criminal Law, anyone who commits a crime outside the territory of People's Republic of China (PRC) and should bear criminal responsibility according to this law can still be investigated according to this law. Although he has been tried in a foreign country, he has been punished in a foreign country, and his punishment can be exempted or mitigated.
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Case:
In recent days, the murder of Jiang Ge, a female student studying in Japan, has attracted attention. Some authoritative media pointed out that both China and Japan have jurisdiction over this case. "Japanese jurisdiction is based on the principle of territorial management, and China jurisdiction is based on the principle of personal jurisdiction."
Li Youde said that in international judicial practice, criminal cases are often dominated by territorial jurisdiction, supplemented by personal jurisdiction. This is mainly due to two reasons: first, criminal acts usually have a greater impact on the crime place, and second, the jurisdiction of the country where the crime is committed is more effective.
The paper found that there were ***5 1 cases involving personal jurisdiction in China since 2009, of which only 3 were criminal cases, and the others were administrative and civil cases. Judging from the cause of action, administrative punishment is the most, exceeding 60%.
Lawyer Li Youde also pointed out that China's criminal law contains "negative recognition of foreign criminal judgments". "That is to say, if a crime is committed abroad but meets the punishment of China's criminal law, even after a foreign trial, China's judicial organs can still pursue it." Li Youde said that the criminal law also stipulates that those who have been punished in foreign countries can be exempted or mitigated.
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