Provisions of criminal laws

The jurisdiction of Chinese people’s court over foreigners committing crimes

According to Criminal Law of China, as long as foreigners commit crimes within the territory and territorial waters and space of China, except where special provisions of law provide otherwise, are subject to the jurisdiction of China. The territory and territorial waters and space of China includes: the territorial land, waters, airspace of China, ships and aircraft rented by China, and the embassies and consulates of China to other countries. Here the circumstances “where special provisions of law provide otherwise” refers situations such as the criminal liability of foreigners who enjoy diplomatic privileges and immunities shall be resolved through diplomatic channels, as well as the exception rules provided by the basic law of Hong Kong and Macao special administrative regions of China.

Under the following two situations, for any foreigner who commits a crime outside the territory and territorial waters and space of China, China shall have the jurisdiction and the Criminal Law of China shall apply.

First, for crimes against China or any citizens of China, according to the Criminal Law of China, if the minimum punishment is a fixed-term imprisonment of not less than three years for that crime, China shall also have the jurisdiction and shall according to the Criminal Law of China to accuse the foreigners for criminal liability, except that the act is not a crime according the law of where the crime is committed.

Second, where although the act does not directly infringe the interests of China or the citizens of China, it falls into crimes stipulated in international treaties concluded or acceded to by China and within the obligations China shall shoulder under the treaties, China shall have the jurisdiction and the Criminal Law of China will apply.