1. If the people's court accepting the transferred case thinks that the transferred case does not belong to its own jurisdiction according to law, it shall report to the higher court for designation of jurisdiction according to law.
2. If the people's court with jurisdiction is unable to exercise jurisdiction due to special reasons, the higher court shall designate jurisdiction. Special reasons include legal reasons (such as the withdrawal of judges) and factual reasons (such as natural disasters).
3. If there is a dispute between people's courts over jurisdiction and negotiation fails, it shall be reported to the people's court at a higher level for designation of jurisdiction. If both parties are grass-roots people's courts in the same place or municipal district, the intermediate court of that place or city shall designate jurisdiction in time; If two people's courts belong to the same province, autonomous region or municipality directly under the Central Government, the superior court of that province, autonomous region or municipality directly under the Central Government shall designate jurisdiction in time; The two sides are people's courts across provinces, autonomous regions and municipalities directly under the Central Government. If the Higher People's Court fails to reach an agreement through consultation, the Supreme People's Court will promptly designate jurisdiction. Reporting to the people's court at a higher level for designation of jurisdiction shall be carried out step by step.
Provisions on designated jurisdiction of public security organs
Article 15 A criminal case shall be under the jurisdiction of the public security organ in the place where the crime was committed. If it is more appropriate to be under the jurisdiction of the public security organ where the criminal suspect lives, it may be under the jurisdiction of the public security organ where the criminal suspect lives.
The place of crime includes the place where the criminal act occurred and the place where the criminal result occurred. The place where the crime occurred, including the place where the crime was committed and the places related to the crime, such as the preparation place, the starting place, the passing place and the ending place; Where the criminal act is continuous, continuous or continuous, the place where the criminal act is continuous, continuous or continuous belongs to the place where the criminal act occurred. The place where the criminal result occurs includes the place where the criminal object is infringed, the place where the criminal proceeds are actually obtained, the place where they are hidden, the place where they are transferred, the place where they are used and the place where they are sold.
Domicile includes domicile and habitual residence. A habitual residence refers to a place where a citizen has lived continuously for more than one year away from his domicile.
Article 19 Criminal cases with unclear or controversial jurisdiction can be solved by the relevant public security organs through consultation. If negotiation fails, the superior public security organ of * * * shall designate the jurisdiction.
For criminal cases with special circumstances, the public security organs at higher levels may designate jurisdiction.
Designated jurisdiction means that in judicial practice, when the jurisdiction is unclear, controversial or inconvenient, the superior judicial organ adapts according to law and designates the jurisdiction of the lower judicial organ. In the criminal field, there may actually be designated jurisdiction in the investigation, prosecution and trial stages.
The three situations that need to be assigned jurisdiction are:
1. Unknown jurisdiction: According to the existing laws and regulations, it is impossible to determine a clear jurisdiction court, that is, the situation of "nobody should be in charge";
2. Controversial and negotiation fails: according to the law, several organs can be in charge at the same time, that is, "they can all be in charge or not". After consultation, the situation of the jurisdiction has not yet been determined;
3. Inconvenient management: Due to objective circumstances or emergencies, the court with jurisdiction should not exercise jurisdiction, and the people's court at a higher level should determine the jurisdiction of the case in a designated way, such as an earthquake disaster at the court's location or the court unit collectively avoiding accepting bribes.
I hope the above content can help you. If in doubt, please consult a professional lawyer.
Legal basis:
Article 27 of the Criminal Procedure Law of People's Republic of China (PRC)
A people's court at a higher level may designate a people's court at a lower level to try a case with unclear jurisdiction, or it may designate a people's court at a lower level to transfer the case to another people's court for trial.