Jurisdiction of criminal proceedings refers to the division of functions and powers of specialized state organs that accept criminal cases according to law, that is, the division of functions between investigation organs and judicial organs that directly accept criminal cases and within judicial organs, among which the division of functions between investigation organs and judicial organs and within investigation organs is called filing jurisdiction, and the division of functions within judicial organs that hear criminal cases of first instance is called trial jurisdiction.
I. Jurisdiction
Jurisdiction in China's criminal procedure law refers to the division of labor system in which public security organs, people's procuratorates and people's courts file criminal cases according to law and try criminal cases of first instance within the people's court system.
Jurisdiction in China's criminal procedure law is divided into filing jurisdiction and trial jurisdiction.
Second, the jurisdiction of filing a case
The jurisdiction of filing a case, also known as functional jurisdiction or departmental jurisdiction, refers to the scope of authority of the people's courts, people's procuratorates and public security organs to directly accept criminal cases, that is, the division of authority between specialized agencies within the scope of directly accepting criminal cases.
Three. Criminal cases directly accepted by public security organs
Article 18 1 of the Criminal Procedure Law stipulates: "The investigation of criminal cases shall be conducted by public security organs, unless otherwise provided by law."
Special attention: "It is otherwise provided by law" refers to a criminal case listed in the substantive law, but it is stipulated in the procedural law that investigation is not required and the people's court can directly accept it. This is the case of private prosecution. Second, it refers to criminal cases that should be filed for investigation by other organs or departments according to the law. This situation includes:
(1) Self-investigation cases under the jurisdiction of the people's procuratorate according to law;
(2) Cases endangering national security that are put on file for investigation by state security organs according to law;
(3) Cases filed for investigation by the military security department in the army according to law;
(4) Cases in which criminals who have been put on file for investigation according to law commit crimes in prisons.
A case filed for investigation by a public security organ shall be filed for investigation by 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 can be under the jurisdiction of the public security organ where the criminal suspect lives. Cross-regional series of motor vehicle theft and robbery cases shall be filed for investigation by the public security organ that initially accepted them; When necessary, the public security organ in the main crime place may file a case for investigation, or the public security organ at a higher level may designate the case for investigation. Criminal cases on passenger trains shall be put on file for investigation by railway police, the public security organ in charge of passenger train crew.
Four, the people's Procuratorate directly accepts criminal cases.
The second paragraph of Article 18 of the Criminal Procedure Law and the Working Rules of the People's Procuratorate stipulate the cases directly accepted by the People's Procuratorate.
Special attention: The cases directly accepted by the People's Procuratorate are as follows:
(1) Crime of corruption and bribery. * * * There is a charge of 12.
(2) Cases of dereliction of duty by state functionaries. The revised criminal law changed the subject of the crime of dereliction of duty to the staff of state organs, with a total of 34 charges. Tax-related cases are investigated by public security organs, and cases of non-collection and underpayment of taxes for favoritism are investigated by procuratorates.
(3) Criminal cases in which state functionaries use their powers to infringe upon citizens' personal rights and democratic rights. Such cases include: ① cases of illegal detention; 2 cases of illegal search; ③ Cases of extorting confessions by torture; 4. Cases of obtaining evidence by violence; ⑤ Cases of abusing the supervised person; 6. Retaliation and framing; 7. Destroy the election case.
(four) other major criminal cases that need to be directly accepted by the people's procuratorate. The following conditions must be met: ① it is implemented by the staff of state organs by taking advantage of their powers; (2) It is a major criminal case other than the above three types of criminal cases; (three) need to be directly accepted by the people's Procuratorate; (4) By decision of the people's procuratorate at or above the provincial level.
When investigating corruption and bribery cases under the jurisdiction of the people's procuratorate, the public security organ shall transfer the corruption and bribery cases to the people's procuratorate; When investigating corruption and bribery crimes under the jurisdiction of public security organs, people's procuratorates shall transfer criminal cases under the jurisdiction of public security organs to public security organs. In the above circumstances, if the suspected principal offender is under the jurisdiction of the public security organ, the public security organ will take the lead in the investigation and the people's procuratorate will cooperate; If the suspected principal offender is under the jurisdiction of the people's procuratorate, the people's procuratorate will take the lead in the investigation and the public security organ will cooperate.
Verb (abbreviation of verb) A criminal case directly accepted by the people's court.
Paragraph 3 of Article 18 of the Criminal Procedure Law stipulates: "Private prosecution cases shall be directly accepted by the people's courts."
Article 170 of the Criminal Procedure Law stipulates: "A case of private prosecution includes the following situations: (1) a case that was handled only after being informed; (2) Minor criminal cases proved by the victim; (3) Cases in which the victim has evidence to prove that the defendant has infringed on his personal and property rights and should be investigated for criminal responsibility according to law, but the public security organ or the people's procuratorate will not investigate the criminal responsibility of the defendant. "
1. Cases dealt with after being told include cases of insult and slander, cases of violent interference with freedom of marriage, cases of abuse, cases of illegal possession of other people's property, etc.
2. Minor criminal cases that the victim has evidence to prove include: ① intentional injury (minor injury); ② Bigamy; 3 abandonment; (4) hinder the freedom of communication; ⑥ Illegal intrusion into other people's houses; 6. Producing and selling fake and inferior commodities (except those that seriously endanger social order and national interests); (7) Infringement of intellectual property rights (except those that seriously endanger social order and national interests); (8) The defendant may be sentenced to fixed-term imprisonment of not more than three years if it is stipulated in Parts IV and V of the Specific Provisions of the Criminal Law.
Special attention: if the victim directly brings a lawsuit to the people's court, the people's court shall accept it according to law. If the evidence is insufficient for the public security organ to accept it, it shall be transferred to the public security organ for investigation. If the victim complains to the public security organ, the public security organ shall accept it.
3. The third type of private prosecution case has the following restrictive conditions: ① the victim can provide evidence to prove that the defendant's behavior constitutes a crime; The defendant's behavior should be investigated for criminal responsibility according to law; ③ The defendant's behavior violated the victim's personal rights or property rights; The public security organ or the people's procuratorate has made a written decision not to pursue the criminal responsibility of the defendant.
4. The crime of perjury and the crime of refusing to execute the judgment or ruling shall be investigated by the public security organs and not directly tried by the people's courts.
Jurisdiction of intransitive verbs
Jurisdiction refers to the jurisdiction of the people's court to try criminal cases of first instance. The cases prosecuted by the people's procuratorates shall be adapted to the scope of cases under the jurisdiction of the people's courts at all levels. Judicial jurisdiction is divided into hierarchical jurisdiction, regional jurisdiction and special jurisdiction.
VII. Jurisdiction Level
Grade jurisdiction refers to the jurisdiction of people's courts at all levels to hear criminal cases of first instance.
Article 19 of the Criminal Procedure Law stipulates: "The basic people's courts shall have jurisdiction over ordinary criminal cases of first instance, except those under the jurisdiction of the people's courts at higher levels according to this Law."
Article 20 stipulates: "The Intermediate People's Court shall have jurisdiction over the following criminal cases of first instance: (1) Counter-revolutionary cases and cases endangering national security; (2) Ordinary criminal cases that may be sentenced to life imprisonment or death penalty; (3) Criminal cases of crimes committed by foreigners. "
Special attention: for crimes stipulated in international treaties concluded or acceded to by China, cases over which China has criminal jurisdiction shall be under the jurisdiction of the intermediate people's court where the defendant was arrested; If a foreigner commits a crime against People's Republic of China (PRC) countries or citizens outside the territory of People's Republic of China (PRC) and should be punished according to China's criminal law, it shall be under the jurisdiction of the intermediate people's court where the foreigner enters the country.
Article 2 1 stipulates: "Criminal cases of first instance under the jurisdiction of the Higher People's Court are major criminal cases in the whole province (autonomous regions and municipalities directly under the Central Government)."
Article 22 stipulates: "The criminal case of first instance under the jurisdiction of the Supreme People's Court is a major national criminal case."
Article 23 stipulates: "When necessary, the people's court at a higher level may try criminal cases of first instance under the jurisdiction of the people's court at a lower level; A criminal case of first instance that the people's court at a lower level considers that the case is serious and complicated and needs to be tried by a people's court at a higher level may request to be transferred to a people's court at a higher level for trial. "
Please pay special attention to:
1. In judicial practice, "ordinary criminal cases that people's procuratorates think may be sentenced to life imprisonment or death penalty are prosecuted in the intermediate people's court, but after the intermediate people's court accepts them, they think that they are not enough to be sentenced to life imprisonment or more, so that they can be tried according to law and not transferred to the grassroots people's court for trial" to facilitate timely handling of cases.
2, one person commits several crimes, * * * and other cases that need to be tried together, as long as one of them or one crime belongs to the jurisdiction of the people's court at a higher level, the whole case is under the jurisdiction of the people's court at a higher level.
Eight. Regional jurisdiction
Territorial jurisdiction refers to the division of authority between people's courts at the same level to hear criminal cases of first instance.
Article 24 of the Criminal Procedure Law stipulates: "A criminal case shall be under the jurisdiction of the people's court of the place where the crime was committed. If it is more suitable to be tried by the people's court of the defendant's domicile, it can be under the jurisdiction of the people's court of the defendant's domicile. "
Article 25 stipulates: "Several cases over which the people's courts at the same level have jurisdiction shall be tried by the people's court that accepted them first. When necessary, it may be transferred to the people's court of the place where the main crime is committed. "
Article 26 stipulates: "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."
Please pay special attention to:
1. In principle, criminal cases shall be under the jurisdiction of the people's court of the place where the crime was committed. "The place of crime refers to the place where the crime took place. Property crimes for the purpose of illegal possession include the place where the crime occurred and the place where the offender actually obtained the property. " The defendant's domicile, including the defendant's domicile and domicile.
2, more than two people's courts at the same level have jurisdiction, the jurisdiction of the dispute, should be resolved through consultation within the trial period; If negotiation fails, the disputed people's court shall report to the people's court at the next higher level for designation of jurisdiction. If the people's court with jurisdiction is not suitable to exercise jurisdiction because the case involves the withdrawal of the president, it may request the people's court at the next higher level for jurisdiction; The people's court at the next higher level may also designate other people's courts at the same level as the requesting people's court for jurisdiction. When necessary, the people's court at a higher level may designate cases under the jurisdiction of the people's court at a lower level to be under the jurisdiction of other people's courts at a lower level.
3. Jurisdiction over the crime of omission and the new crime during the period of serving a sentence: before the judgment is pronounced, if the criminal who is serving a sentence is found to have committed other criminal acts, it shall be under the jurisdiction of the people's court that originally tried; If the jurisdiction of the people's court of the place where the criminal served his sentence or the newly discovered crime is more appropriate, it may be under the jurisdiction of the people's court of the place where the criminal served his sentence or the newly discovered crime.
If a criminal serving a sentence commits another crime while serving his sentence, it shall be under the jurisdiction of the people's court in the place where he served his sentence.
If a criminal serving a sentence commits a crime in the process of escape, it shall be under the jurisdiction of the people's court of the place where the crime was committed; If it is discovered after being arrested and escorted back to prison, it shall be under the jurisdiction of the people's court where the criminal served his sentence.
4. If a crime is committed on a ship outside China, it shall be under the jurisdiction of the people's court where the ship first berthed at the port of China after the crime;
If a crime is committed on an aircraft outside China, it shall be under the jurisdiction of the people's court where the aircraft first landed in China after the crime;
The jurisdiction of criminal cases on international trains shall be governed by the relevant jurisdiction agreements signed between China and relevant countries. If there is no agreement, it shall be under the jurisdiction of the railway transport court at the location or destination of China Station where the train stops first after the crime.
Crimes committed by China citizens in China's embassies and consulates abroad shall be under the jurisdiction of the people's court where the citizen's competent unit is located or where the original household registration is located;
5. If one or both of the private prosecutor and the defendant in a criminal private prosecution case are China citizens or units living in Hongkong, Macao and Taiwan Province, they shall be tried by the basic people's court in the place where the crime was committed. Compatriots from Hong Kong, Macao and Taiwan shall present their Hong Kong, Macao and Taiwan resident identity cards, home visit certificates or other documents that can prove their identity.
6. A citizen of China who commits a crime outside the territory of People's Republic of China (PRC) shall be under the jurisdiction of the people's court where the citizen lived before leaving the country or where his original household registration was located.
Nine. Specialized jurisdiction
Specialized jurisdiction refers to the division of labor between specialized people's courts and between specialized people's courts and ordinary people's courts in accepting criminal cases of first instance.
Article 27 of the Criminal Procedure Law stipulates: "The jurisdiction of special people's courts shall be stipulated separately."
The Supreme Court interprets Article 20: "Military courts, local people's courts or other special courts shall be under the jurisdiction of active servicemen (including employees in the army, the same below) and non-active servicemen who commit crimes together; If it involves state military secrets, the whole case shall be under the jurisdiction of the military court. " Article 2 1 stipulates: "The following cases shall be under the jurisdiction of local people's courts or other special courts other than military courts: (1) Non-active servicemen and their families commit crimes in military camps; (2) The serviceman commits a crime after going through the discharge formalities; (3) Active servicemen commit crimes before enlisting (except those committed during service); (4) Veterans commit crimes during their service (except crimes against their duties). "
The criminal cases under the jurisdiction of the railway transport court are mainly criminal cases that the public security organs of the railway transport system or the railway procuratorate are responsible for detecting.
Legal objectivity:
Procedures for handling criminal cases by public security organs
Article 22
Criminal cases with unclear or controversial jurisdiction can be resolved through consultation by the relevant public security organs. 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. When submitting a request for designation of jurisdiction to a public security organ at a higher level, the basic information of the criminal suspect, the charges charged, the basic facts of the case, the disputes over jurisdiction, the consultation and the reasons for designation of jurisdiction shall be listed in the relevant materials, and shall be reported to the public security organ at a higher level with designation of jurisdiction after approval by the person in charge of the public security organ.
Criminal procedure law
Article 19
The investigation of criminal cases shall be conducted by public security organs, except as otherwise provided by law.