Legal analysis
The applicable standard of off-site jurisdiction should be understood as that the reason of off-site jurisdiction is only established when the case involves special parties that affect or may affect fair justice. Judging from judicial practice, the cases in which it is difficult for judicial organs to remain neutral are mainly concentrated in the following situations: first, cases in which the parties are members of the leading bodies of four local state organs at the same level (party committees, governments, people's congresses, CPPCC); These leading officials play an important role in the appointment and removal of local judicial organs and financial supply, and their influence is self-evident. Local judicial organs will inevitably bear pressure or face interference and resistance when investigating and dealing with such personnel's duty crimes. The other is that the parties to the case are judges, prosecutors and other staff members of the judicial organs who accept the case. Although judicial personnel are the patron saint of justice in theory, people have emotional and interest needs. Former colleagues are now standing in the dock to accept their own trials, and investigators are inevitably not affected and troubled by interpersonal relationships. In fact, it is not only a duty crime, but also other criminal cases and civil and commercial cases. When the parties are the above two types of personnel, different jurisdictions need to be applied.
legal ground
Article 83 of the Criminal Procedure Law of People's Republic of China (PRC) * * * When a public security organ carries out detention or arrest in a different place, it shall notify the public security organ where the detained or arrested person is located, and the public security organ where the detained or arrested person is located shall cooperate.
Article 109 of the Criminal Procedure Law of People's Republic of China (PRC), when a public security organ or a people's procuratorate discovers a criminal fact or a criminal suspect, it shall file a case for investigation within its jurisdiction.
Article 115 of the Criminal Procedure Law of People's Republic of China (PRC) * * * The public security organs investigate criminal cases that have been put on file, and collect and obtain evidence of the criminal suspect's guilt or innocence, and the crime is light or heavy. An active criminal or a major suspect may be detained in advance according to law, and a criminal suspect who meets the conditions for arrest shall be arrested according to law.