China citizens were punished for committing crimes abroad. Whether it is necessary to pursue criminal responsibility according to China's criminal law after returning to China and how to apply the penalty should be judged by comprehensively considering the seriousness of the crime committed by the defendant, the degree of personal danger, the appropriateness of sentencing by foreign courts, and the understanding of the victim or his family. Overseas evidence obtained according to the judicial assistance treaties signed between China and foreign countries can be used in criminal proceedings in China.
According to Article 7 of China's Criminal Law, this law is applicable to China citizens who commit crimes stipulated in this law outside the territory of People's Republic of China (PRC). However, if the maximum penalty prescribed in this law is fixed-term imprisonment of not more than three years, it may not be investigated. This Law shall apply to state functionaries and servicemen of People's Republic of China (PRC) who commit crimes stipulated in this Law outside the territory of People's Republic of China (PRC).
According to the provisions of Article 10 of China's Criminal Law, anyone who commits a crime outside the territory of People's Republic of China (PRC) and should bear criminal responsibility according to this law, although tried in a foreign country, can still be investigated according to this law and can be exempted or mitigated.
First of all, China has jurisdiction over crimes committed by China people in foreign countries, which can be governed according to the principle of personality. The principle of personality means that all domestic crimes, whether inside or outside the country, are under the jurisdiction of domestic criminal law based on a person's nationality. According to Article 7 of the Criminal Law of People's Republic of China (PRC), this law is applicable to China people who commit crimes in foreign countries. However, if the maximum penalty stipulated in the criminal law is fixed-term imprisonment of not more than three years, it may not be investigated.
However, according to the international general principle, it is territorial priority, that is, it is under the jurisdiction of the country where the crime occurred; However, if the suspect has fled back to China, according to the principle of not extraditing his own nationals, the China court will try him according to the evidence provided by other countries and the laws of China; China people who enjoy diplomatic immunity have committed crimes, and other countries have no jurisdiction. The courts in China are still trying them according to the laws of China; In addition, if this person returns to China, his behavior is a crime abroad, but it is not a crime in China (such as adultery and homosexuality in some religious countries), and China courts will not try him.
Extended data:
According to Article 151 of the Criminal Law of People's Republic of China (PRC), the crime of smuggling counterfeit money is an act of smuggling counterfeit money.
Counterfeit money includes counterfeit money from any country or region, especially convertible currency. ? The determination of the crime of smuggling counterfeit money depends on whether the illegally transported, carried or mailed currency occurs at the border of the country of entry and exit. If it does not occur at the border of the country, it does not constitute this crime. ?
2065438+On August 29th, 2005, the National People's Congress Standing Committee (NPCSC) passed the Amendment (IX) to the Criminal Law, which modified the current criminal law in China. According to the amendment, the crime of smuggling counterfeit money was abolished.
References:
Baidu encyclopedia-crime of smuggling counterfeit money