The spatial effect of China s criminal law? Spatial effect of criminal law

In the judicial examination, the temporal and spatial effects of criminal law are occasionally involved.

Again, if you want to delve into these criminal law theories, go to graduate school in criminal law. If it's just to pass the bar exam, we can be lazy.

The temporal effect of China's criminal law has been both old and light. If there is a discrepancy between the provisions of the criminal law in force at the time of trial (the new law) and the criminal law (the old law) at the time of the crime, the old law shall apply in principle, and if the new law is more favorable to the defendant, the new law shall apply.

In fact, we can understand that it is light, which is lighter.

The spatial effect of criminal law is more complex. What territorial jurisdiction, personal jurisdiction, protective jurisdiction, universal jurisdiction. Not to mention how complicated the theoretical research is, it is related to several laws, and it is also very nerve-wracking to memorize.

In the case of not being very rigorous, we can understand it as "touching the edge that is".

Criminal acts that occur in our country (our aircraft, ships, aviation aircraft, etc.) are counted, and our criminal law applies.

If the result of the crime occurs in our country, our criminal law shall apply.

The criminal suspect is a Chinese national, and the criminal law of our country applies.

The victims are Chinese nationals, and the criminal law of our country applies.

In a word, as long as it has something to do with our country, our country's criminal law is applicable.

Of course, this is not very rigorous, and it is important to note the exceptions, especially in the area of diplomatic immunity.

In order to solve the problem of the scope of criminal jurisdiction, the principles of the spatial effect of the criminal law mainly include the principle of territoriality, the principle of personae, the principle of protection and the principle of universal jurisdiction. China's criminal law adopts the principle of territoriality, and adopts the principle of persona, protection and universal jurisdiction.

Legal basis: Criminal Law of the People's Republic of China

Article 6: This Law applies to all crimes committed within the territory of the People's Republic of China, except as otherwise provided by law. This Law also applies to any crime committed on board a ship or aircraft of the People's Republic of China. Where one of the acts or results of a crime occurs within the territory of the People's Republic of China, it is considered to be a crime within the territory of the People's Republic of China.

Article 7: Where citizens of the People's Republic of China commit crimes provided for in this Law outside the territory of the People's Republic of China, this Law applies, but where the maximum penalty provided for in this Law is up to three years imprisonment, they may not be pursued. This Law applies to State functionaries and military personnel of the People's Republic of China who commit crimes provided for in this Law outside the territory of the People's Republic of China.

Article 8: This Law may be applied to foreigners who commit crimes against the State or citizens of the People's Republic of China outside the territory of the People's Republic of China, and the minimum sentence provided for in this Law is three or more years imprisonment, except where they are not punished in accordance with the laws of the place where the crime was committed.

The spatial effect of criminal law refers to the effect of criminal law on the land and on the person, that is, to solve the problem of the scope of (criminal jurisdiction). The spatial effect of China's criminal law: (1) Territorial jurisdiction:

1. Anyone who commits a crime within the territory of the People's Republic of China shall be subject to the criminal law of that country, unless otherwise provided by law. 2. Whoever commits a crime on board a ship or aircraft of the People's Republic of China shall be subject to the criminal law of that country. 3. Where one of the acts or results of a crime occurs within the territory of the People's Republic of China, it is considered to be a crime within the territory of the People's Republic of China, and the criminal law of that country is applicable.

2) Personal Jurisdiction Where a citizen of the People's Republic of China commits a crime under this law outside the territory of the People's Republic of China, the criminal law of that country shall apply, but the maximum penalty provided for in the Criminal Law shall not be prosecuted if the maximum penalty is fixed-term imprisonment of not more than three years. However, in the absence of such a provision, all State functionaries and military personnel who have violated the criminal law of their own country shall be investigated for criminal responsibility in accordance with the criminal law of their own country. (3) Protective Jurisdiction:

Where a foreigner commits a crime against the State or a citizen of the People's Republic of China outside the territory of China, and the minimum sentence provided for in the criminal law of that country is 3 years or more imprisonment, the criminal law of that country may be applied, except where he is not punished in accordance with the law of the place where the crime was committed. (4) Universal jurisdiction: Where international crimes are provided for in international treaties concluded or acceded to by China, which seriously endanger international interests, and should be exercised and punished by each country in accordance with the provisions on the existence of false seclusion, shall be applied to the criminal law of that country.

According to article 6 of the Criminal Law, this Law shall apply to any crime committed within the territory of the People's Republic of China and the People's Republic of China, unless otherwise provided by law.