The criminal jurisdiction of foreigners can be divided into the following situations:
1. If a foreigner commits a crime in China, the case will be filed and investigated by the public security agency at or above the county level where the crime was committed.
2. Cases in which foreigners commit crimes against the Chinese people, country or citizens abroad. When a foreigner enters the country or resides after entry, the public security organ at or above the county level shall file a case for investigation; if the foreigner does not enter the country, the public security organ at or above the county level at the place where the victim lives shall file a case for investigation. If no victim or criminal target is from the People's Republic of China, the Ministry of Public Security shall designate the jurisdiction.
3. If a foreigner commits a crime on board an overseas ship or aircraft registered in China, the public security organ at or above the county level where the ship or aircraft first berthed or landed, the port of destination in China, or the foreign country after the crime was committed shall The public security organs at or above the county level where the person lives shall file a case for investigation; if there are no transportation or civil aviation public security organs, the local public security organs shall have jurisdiction.
4. If a foreigner commits a crime on an international train, the legal basis is the railway public security agency at or above the county level where the train first stops after the crime, or the public security agency at or above the county level at the place where the foreigner lives:
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Article 17 of the Criminal Procedure Law of the People's Republic of China
If foreigners commit crimes and should be held criminally responsible, the provisions of this law shall apply. If foreigners who enjoy diplomatic privileges and immunities commit crimes and should be held criminally responsible, they should be resolved through diplomatic channels.
Articles 22 and 23
In our country, except for crimes committed by foreigners who enjoy diplomatic privileges and immunities, other criminal cases involving foreigners can only be under the jurisdiction of the people's courts above the intermediate level. The People's Court has no jurisdiction.
Article 8 of the "Criminal Law of the People's Republic of China"
If a foreigner subject to jurisdiction and protection commits a crime outside the territory of the People's Republic of China against the state or citizens of the People's Republic of China, the minimum penalty prescribed in this law shall be This law may apply to those who are sentenced to fixed-term imprisonment of more than three years, unless they are not punished according to the law of the place where the crime was committed.