1. Can I return to my country if I am sued?
Those who are prosecuted abroad can go through the procedures for returning to the country and are not restricted from leaving the country. The case has not yet reached the execution stage.
2. How does the defendant sue abroad?
The case shall be accepted by the court where the plaintiff is located. According to the Civil Procedure Law, lawsuits concerning identity relationships filed against persons who do not reside within the territory of the People's Republic of China shall be under the jurisdiction of the People's Court of the plaintiff's habitual residence:
The following civil litigation shall be under the jurisdiction of the People's Court of the plaintiff's residence: If the plaintiff’s domicile is inconsistent with his or her habitual residence, the People’s Court of the place of habitual residence shall have jurisdiction:
1. Identity relationship litigation filed against a person who does not reside within the territory of the People’s Republic of China;
2. Litigation over identity relations brought against persons whose whereabouts are unknown or declared missing;
3. Litigation against persons who have taken compulsory education measures;
4. Litigation against imprisoned persons litigation.
Third, how to prosecute foreigners in China
1. Requirements before prosecution
According to Article 108 of the Civil Procedure Law, prosecution must have clear defendant. If the target of the lawsuit is a foreigner, the plaintiff should hold the identity certificate of the foreigner. In China, the most common ID card for foreigners is a passport. When suing, a copy of the foreigner's passport should be submitted to the court.
In addition, before filing a lawsuit, it is best to find out whether the foreigner is in China. If you are unfortunately not in China, the court will need to serve you through the channels agreed in international conventions or by announcement, which makes the litigation process very long.
2. Notify the Respondent
After the plaintiff submits the complaint to the court, the court will first ask whether the foreigner is in China. If the answer is "I don't know" or "In China", the court will generally serve the notice of acceptance, indictment, evidentiary materials, and court summons by ordinary service (the service address is usually the address left in the contract). the foreigner. At this time, he met an honest and law-abiding foreigner and voluntarily entrusted a lawyer to respond to the lawsuit, and the service problem was solved. In the future, the court can serve the lawyer he entrusted in the country.
In response to the court’s inquiry about whether the foreigner is in China, if the plaintiff clearly answers “not in China” or does not respond after being served by the court, unfortunately, the plaintiff may really face service difficulties.
3. Border control application
If the plaintiff determines that the foreigner is not in China, this step can be omitted. Border control measures are a kind of compulsory measure by which the People's Court detains the passport or other valid documents of a person subject to execution who has failed to perform the obligations specified in the effective legal document or who is about to leave the country due to unsettled civil cases, in order to restrict the person's exit from the country and urge him to fulfill his obligations. . It is a special enforcement measure against a specific person.
The above are all about whether you can return to the country after being prosecuted and related content. To sum up, if you are prosecuted and the case has not yet reached the execution stage, you can return to your country without entry and exit restrictions. I hope that the content and relevant legal knowledge of this article are clear enough to help you and help you solve the corresponding legal problems.