1. Can the laws of China govern foreigners committing crimes in China? ?
Article 6 of the Criminal Law of People's Republic of China (PRC) This Law shall apply to all crimes committed within the territory of People's Republic of China (PRC), except as otherwise provided by law. This Law is also applicable to crimes committed on board ships or aircraft in People's Republic of China (PRC). If one of the acts or results of a crime occurs in the territory of People's Republic of China (PRC), it shall be regarded as a crime in the territory of People's Republic of China (PRC).
Whoever commits a crime within the territory of China and on board a ship or aircraft (ship or aircraft) shall be investigated for criminal responsibility. Even if Wu Mou is a Canadian citizen and is suspected of committing a crime in China, China law should be applied.
It should be noted that Article 6 of the Criminal Law "This Law shall apply unless there are special provisions in the law", and the laws here have special provisions, which refer to the immunity from criminal jurisdiction of diplomatic representatives in Article 1 1 of the Criminal Law.
Article 11 of the Criminal Law of People's Republic of China (PRC) The criminal responsibility of foreigners who enjoy diplomatic privileges and immunities shall be settled through diplomatic channels.
The so-called diplomatic privileges and immunities refer to the right enjoyed by embassies, consulates and diplomats to be free from the legal jurisdiction and other treatment of the host country when performing their duties.
To sum up, all foreigners who commit crimes in China, except those who enjoy diplomatic privileges and immunities, can be governed by the laws of China.
2. Do foreign criminals need to be extradited to their home countries? ?
Extradition means that a country, at the request of the country concerned, hands over a person accused of a crime or sentenced by another country to the requesting country for trial or punishment.
Extradition system is an important system of international judicial assistance, and it is also an important guarantee for the country to effectively exercise its jurisdiction and punish crimes. In international law, countries have no obligation to extradite, and the legal basis for extradition should be international treaties, international conventions and relevant domestic legislation with extradition provisions.
People's Republic of China (PRC) Extradition Law Article 3 People's Republic of China (PRC), China and foreign countries shall cooperate in extradition on the basis of equality and reciprocity. Extradition cooperation shall not harm the sovereignty, security and social interests of People's Republic of China (PRC). Article 6 The meanings of the following terms in this Law are as follows: (1) "The person sought" refers to the person whose extradition is requested by the requesting country from the requested country; (2) "The extradited person" refers to the person extradited from the requested country to the requesting country; (3) "Extradition treaties" means extradition treaties concluded between People's Republic of China (PRC) and foreign countries or other treaties containing extradition clauses. Article 15 If there is no extradition treaty, the requesting country shall make a reciprocal commitment.
To sum up, whether to extradite criminals mainly depends on whether the two countries have signed an extradition treaty. If there is no extradition treaty between China and that country, they will basically not be extradited to that country.
3. Do foreign criminals need to be deported?
Article 35 of the Criminal Law of People's Republic of China (PRC) may apply deportation independently or additionally to foreigners who commit crimes.
Article 81 of the Law of People's Republic of China (PRC) on Exit and Entry Administration stipulates that foreigners who engage in activities inconsistent with the reasons for staying, or violate the provisions of China laws and regulations and are not suitable for staying in China, may leave the country within a time limit. If a foreigner violates the provisions of this law and the circumstances are serious enough not to constitute a crime, the Ministry of Public Security may expel him from the country. The punishment decision of the Ministry of Public Security is final. Foreigners who have been deported shall not enter the country for ten years from the date of deportation.
If a foreigner commits a crime in our country and the people's court thinks that his continued residence in our country will harm the interests of our country and the people, deportation can be applied (unevenly) to eliminate the possibility of his committing a crime again in our country.
If deportation is added, deportation must be carried out after the execution of the main punishment (for example, if you are sentenced to fixed-term imprisonment of 10 years, you will serve your sentence first and then be deported after the execution is completed). Generally, the people's court will consider whether it is applicable according to the specific circumstances of the case, taking into account the relationship between China and its country and the international struggle situation.
To sum up, whether or not to be deported needs to be decided according to the criminal's own situation and case.
From the above, we can know that all foreigners who commit crimes in China can be governed by the laws of China except those who enjoy diplomatic privileges and immunities. Whether to extradite criminals depends mainly on whether the two countries have signed an extradition treaty. If there is no extradition treaty between China and that country, they will basically not be extradited to that country. Whether or not to be deported needs to be decided according to the criminal's own situation and the circumstances of the case. If you have other questions to answer, please come to consult an online professional lawyer.