Overseas evidence obtained according to the judicial assistance treaties signed between China and foreign countries can be used in criminal proceedings in China. ?
Article 10 of China's criminal law stipulates: "Anyone who commits a crime outside the territory of People's Republic of China (PRC) and should bear criminal responsibility according to this law can still be investigated according to this law. Although he is tried in a foreign country, he can be exempted or given a mitigated punishment." ?
In other words, China citizens who have been punished for committing crimes abroad can still be investigated for criminal responsibility according to China's criminal law after returning home. As for the necessity of accountability and how to apply punishment, we should comprehensively consider the seriousness of the crime committed by the defendant, the degree of personal danger, whether the sentencing of foreign courts is appropriate, and whether the victim or his family members have understanding. ?
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Case: China citizens can still be investigated for criminal responsibility according to law after being punished for crimes committed abroad?
On July 19, 2004, Huang Moumou, who went to work in Japan, had a conflict with Meng Moumou, who went to work in Japan, because of trivial matters. Huang Moumou chased Meng Moumou to the road in front of the apartment with a knife. After catching up, he stabbed Meng Moumou in the chest and back with a knife. Meng Moumou bled to death. ?
In the same year, 65438+February 65438+July, the Tokyo District Court sentenced Huang to fixed-term imprisonment 1 1 year for intentional homicide and illegal detention. 20 14 12, Huang was released on parole. In the same month 12, Huang, who was repatriated to China, was arrested. ?
On May 24th, 20 16, Yangpu District Procuratorate prosecuted Huang for intentional homicide, and the court sentenced Huang to eight years' imprisonment for intentional homicide. Huang filed an appeal, and the Second Intermediate People's Court ruled that the appeal was dismissed and the original judgment was upheld. ?
Window of Xishuangbanna Public Security Bureau-Criminal Law