1. What is an active serviceman?
Servicemen in China refer to those who are in active service in the China People's Liberation Army and the Chinese People's Armed Police Force, have the status of active servicemen, and have not retired, changed jobs or been demobilized.
Second, who has jurisdiction over military crimes?
Military crimes are under the jurisdiction of the military security department.
Legal connection
Article 290 of the Criminal Procedure Law stipulates that the military security department shall exercise the right to investigate criminal cases that occur within the military. Cases in which criminals commit crimes in prisons shall be investigated by prisons. The relevant provisions of this Law shall apply to the military security departments and prisons in handling criminal cases.
According to Article 22 of the Procedures for Handling Criminal Cases by Public Security Organs: "The division of jurisdiction between public security organs and the military over criminal cases is as follows:
(1) Where a soldier commits a crime in the local area, the local public security organ shall promptly hand it over to the military security department for investigation.
(2) Where a local person commits a crime in a military camp, the military security department shall hand it over to the public security organ for investigation.
(3) Crimes committed by soldiers and local personnel in military camps are mainly organized by the military security department and coordinated by the public security organs; * * * Crimes committed in the local area are mainly investigated by public security organs, with the cooperation of military security departments.
(4) If an active serviceman commits a crime in the local area before joining the army and should be investigated for criminal responsibility according to law, the public security organ shall conduct investigation with the cooperation of the military security department.
(5) If an active serviceman is found to have committed a crime during his service in a military camp after retiring from active service, he shall be investigated for criminal responsibility according to law, and the military security department shall cooperate with the public security organs.
(6) Soldiers who commit crimes on the way out of active service, or recruits who have been approved to join the army but have not gone through the handover procedures with the army, shall be investigated by the public security organs.
(7) Cases in which the military interests and rights and interests of soldiers are not infringed upon are handed over, leased or lent to local units for use, military camps, camps, warehouses, airports and docks managed by local people's armed forces departments, and military dormitories where troops and local personnel live together, and the public security organs shall, with the cooperation of the military security departments, conduct investigations.
(8) Cases of companies, factories, mines, hotels, restaurants, theaters and joint ventures between the military and the land registered in the administrative department for industry and commerce shall be investigated and dealt with by the public security organs with the cooperation of the military security departments. When handling criminal cases involving public security organs and the army, the public security organs and the relevant security departments of the army should exchange information in a timely manner, strengthen cooperation and cooperate closely; Cases with disputed jurisdiction should be studied through consultation, and if necessary, they can be settled by the higher authorities of both parties through coordination. Servicemen referred to in this article refer to servicemen, army workers and retirees managed by the army. "
To sum up, military crimes are under the jurisdiction of the military security department, and local public security organs and other judicial organs have no jurisdiction. If you have any questions about this knowledge, please feel free to consult, and we will provide professional lawyer services.