How the territorial jurisdiction of criminal cases is demarcated

Criminal cases are under the jurisdiction of the public security organs at the site of the crime, and the case is filed and investigated. If it is more appropriate for the public security organ for the criminal suspect's place of residence to have jurisdiction, the public security organ for the criminal suspect's place of residence may have jurisdiction. Where the criminal conduct is continuous, continuous, or continuing, the local public security organs may have jurisdiction over the place where the criminal conduct was committed, as well as the place where the criminal conduct was prepared, started, transited, or ended, or where the criminal conduct was continuous, continuous, or continuing.

The public security organs may also have jurisdiction over the place where the target of the crime was infringed upon, or where the proceeds of the crime were actually obtained, hidden, transferred, used, or sold. For crimes committed against or using computer networks, the public security organs may have jurisdiction over the location of the server used to carry out the criminal act, the location of the network access, the location of the founder or manager, the location of the computer information system that was infringed upon and the location of its manager, and the location of the computer information system used by the criminals or victims in the course of the crime. In criminal cases that occur on a moving vehicle, the public security organ at the place where the vehicle first stops has jurisdiction; When necessary, the public security organs at the place of departure, transit, and arrival of the means of transport may also have jurisdiction.

Legal basis: Article 19 of the Criminal Procedure Law of the People's Republic of China provides that the investigation of criminal cases shall be conducted by the public security organs, except as otherwise provided by law. Article 15 of the "Provisions on Procedures for the Handling of Criminal Cases by Public Security Organs" provides that criminal cases are under the jurisdiction of the public security organ at the site of the crime.

If it is more appropriate for the public security organ for the criminal suspect's place of residence to have jurisdiction, the public security organ for the criminal suspect's place of residence may have jurisdiction.

Criminal cases are under the jurisdiction of the public security organ at the site of the crime. If it is more appropriate for the public security organ for the criminal suspect's place of residence to have jurisdiction, the public security organ for the criminal suspect's place of residence may have jurisdiction.

Criminal cases over which several public security organs have jurisdiction are under the jurisdiction of the public security organ that first accepted the case. When necessary, the public security organ for the main site of the crime may have jurisdiction.

In criminal cases where jurisdiction is unclear, the relevant public security organs may negotiate to determine jurisdiction. In criminal cases where jurisdiction is disputed or the circumstances are special, the common public security organ at the level above may designate jurisdiction.

Legal analysis: The territorial jurisdiction of criminal cases is determined as follows: 1. Criminal cases are generally under the jurisdiction of the people's court at the place where the crime was committed; 2. It is more appropriate for the people's court for the defendant's place of residence to have jurisdiction over it, and the people's court for the defendant's place of residence may also exercise jurisdiction.

Among them, the place of crime includes the place where the criminal act is prepared, the place where the criminal act is carried out, and the place where the result of the crime occurs.

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

Article 25: Criminal cases are under the jurisdiction of the people's court at the site of the crime. If it is more appropriate for the people's court for the defendant's place of residence to try the case, the people's court for the defendant's place of residence may have jurisdiction.

Article 26: In cases where several people's courts at the same level have jurisdiction, the people's court that first accepted it is to try it. When necessary, it may be transferred to the people's court for trial at the main site of the crime.

Article 27: Higher-level people's courts may designate lower people's courts to hear cases where jurisdiction is unclear, and may also designate lower-level people's courts to transfer cases to other people's courts in trouble-popping areas for trial.

I. How to determine the territorial jurisdiction of criminal cases.

1) In principle, criminal cases are under the jurisdiction of the people's court at the place where the crime was committed. The "place of the crime" includes the place where the crime is prepared, the place where the criminal act is committed, the place where the result of the crime occurs, and the place where the stolen goods are sold. Where the crime was committed within the jurisdiction of several people's courts, those people's courts have jurisdiction over the case.

The theoretical basis for the law that criminal cases are under the jurisdiction of the people's court at the place where the crime was committed is in principle is that the place where the crime is committed, is the place where the evidence of the crime is concentrated, which is convenient for the public security organs and people's procuratorates at the place of the crime to quickly and comprehensively collect evidence and ascertain the facts of the case, and also for the people's court at the place of the crime to hear and verify the evidence and try the case correctly and in a timely manner; The people at the place where the crime was committed are most concerned about the trial of cases that occur in their locality, and the people's court at the place where the crime is committed is to try criminal cases, so that the local people can observe the people's court's trial of the case, supervise the trial activities, and at the same time give play to the educational role of the people's court; The people's courts at the place where the crimes were committed make it easier for the people's courts to have a comprehensive grasp of the crime situation, study and summarize the characteristics, laws, and trends of crime, put forward suggestions and measures for prevention, do a good job of comprehensive management, and prevent and reduce crime.

2) If, based on the circumstances of the case and the defendant, it is most appropriate for the people's court for the defendant's place of residence to try the case, the people's court for the defendant's place of residence may have jurisdiction. "Defendant's place of residence" includes the defendant's household registration and domicile. In judicial practice, criminal cases that are more appropriate for the people's court at the defendant's place of residence to try generally include:

The defendant ** committed the crime, the boundaries of the place of crime were not clear, the people in his place of residence had a better understanding of the facts of the case, and there were relatively safe and convenient cases for the defendant's escort; The defendant is very angry in his place of residence, and the local people strongly demand that he be tried in his place of residence; Cases in which the defendant may be sentenced to a suspended sentence or, or in cases where the defendant should be supervised, inspected, and reformed at the defendant's place of residence, etc.

II. Types of Criminal Territorial Jurisdiction.

"Territorial jurisdiction" refers to the division of labor and authority between people's courts at the same level to accept first-instance civil cases. Territorial jurisdiction is not the same as hierarchical jurisdiction. Hierarchical jurisdiction is to vertically divide the authority and division of labor between the upper and lower people's courts to accept first-instance civil cases, and resolve the issue of which level of people's court should have jurisdiction over a certain civil case; Territorial jurisdiction, on the other hand, horizontally divides the authority and division of labor between the people's courts at the same level to accept first-instance civil cases, and resolves the question of which people's court should have jurisdiction over a certain civil case.

However, the two are linked. Territorial jurisdiction is divided on the basis of hierarchical jurisdiction, and territorial jurisdiction can only be determined under the premise that hierarchical jurisdiction is clear; In order to finalize the court with jurisdiction over a case, it is necessary to further specify the court of litigation through territorial jurisdiction after the level of jurisdiction has been determined.

Territorial jurisdiction is mainly determined on the basis of the domicile of the parties, the location of the subject matter of the litigation, or the location of legal facts. That is, the people's court of the place where the parties are domiciled, the place where the subject matter of the litigation or the legal facts occur, and the place where the result is located, the people's court of that place has jurisdiction over the case.

1. Criminal cases are under the jurisdiction of the public security organ at the place where the crime was committed. If it is more appropriate for the public security organ for the criminal suspect's place of residence to have jurisdiction, the public security organ for the criminal suspect's place of residence may have jurisdiction. 2. The place where the crime was committed includes the place where the criminal act occurred and the place where the result of the crime occurred.

The place where the criminal act occurred, including the place where the criminal act was committed, the place where the criminal act was committed, the place where it began, the place where Luchang passed, the place where it ended, and other places where the criminal act was lost; Where the criminal conduct is continuous, continuous, or continuing, the place where the criminal conduct is continuous, continuous, or continued is the place where the criminal conduct occurred. The place where the results of the crime occurred include the place where the target of the crime was infringed upon, the place where the criminal proceeds were actually obtained, hidden, transferred, used, or sold.