In criminal law, the principle of territoriality. Including cars and trains from China to foreign co

In criminal law, the principle of territoriality. It does not include cars and trains from China to foreign countries.

The principle of territoriality includes the following two main contents: The so-called territory of the People's Republic of China refers to all the spatial areas within China's national borders, specifically including: territorial land, that is, the land within the national border and its underground layer, which is the most basic and important part of the national territory; Territorial waters, that is, the waters of a certain width within the territorial land of a country and adjacent to the land, including internal waters.

territorial waters and their underground layers. Inland waters include inland rivers, inland lakes, and inland seas.

and a part of the boundary water with foreign countries, usually bounded by the centerline of the river or the centerline of the main channel. A territorial sea is a certain area of water that is connected to a coast or internal waters. Including the seabed and subsoil.

According to the statement issued by our country on September 4, 1958, the width of our territorial waters.

for nautical miles. Airspace.

That is, the airspace above the territorial land and territorial waters.

At the same time, in accordance with international treaties and customs, the following two parts are extensions of our territory and are subject to our criminal law: our ships, aircraft or other aircraft. Paragraph 2 of Article 6 of the Criminal Law of the People's Republic of China stipulates:

This Law also applies to any crime committed on board a ship or aircraft of the People's Republic of China. "The ships and aircraft mentioned here can be both civilian and military; It can be either in transit or at berth; It can be either navigating or anchoring in the territory of our country, or sailing or anchoring outside the territory of our country or on the high seas.

and over the high seas. These ships or aircraft, including other aircraft, must be registered in our country and fly our flag, national emblem or military emblem.

and other signs. Chinese embassies and consulates abroad. In accordance with the provisions of the Vienna Convention on Diplomatic Relations, which is recognized by China, embassies and consulates of various countries abroad are not subject to the jurisdiction of the host country but to the jurisdiction of their own country.

These places are also considered to be national territory, and any crime committed within them is subject to our criminal law. In addition, based on the fact that the criminal act and the result of the crime cross national boundaries in terms of time or place, China's criminal law further clarifies the specific criteria for territorial jurisdiction. Paragraph 3 of Article 6 of the Criminal Law of our country stipulates:

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. "There are three situations in which both the crime and the result of the crime occur within the territory of our country, which is the usual situation; The criminal act was committed within the territory of our country, but the result of the crime occurred abroad.

For example, a package containing explosives is mailed within the territory of our country, and it occurs outside the country**; The crime was committed abroad, but the result of the crime occurred in our country. For example, shooting outside our country and killing residents in our country. According to the provisions of the Criminal Law, the above-mentioned three situations are applicable to the Criminal Law of China.

The principle of territoriality in criminal law is based on the territorial criterion, and all crimes committed within the territory of the country, whether they are nationals or foreigners, are subject to the criminal law of the country; Conversely, crimes committed outside the territory of the country are not subject to the criminal law of the country. Article 6, paragraph 1 of the Criminal Law of the People's Republic of China stipulates: "This Law shall apply to all crimes committed within the territory of the People's Republic of China, except as otherwise provided by law."

This is the basic principle of China's criminal law on the spatial effectiveness of criminal law.

The principle of territoriality is also known as territorial effect, or the principle of territoriality.

The so-called "1: including China's cars and trains" to foreign countries is not among them.

In addition, according to international practice, a country's embassies and consulates, ships, and aircraft stationed abroad also belong to the territory of that country, that is, "simulated territory", and all countries are equal in this regard.

Chinese embassies (consulates) abroad are Chinese territories, and foreign embassies (consulates) in China are foreign territories; The planes that our country flies abroad are the territory of our country, and the planes that fly abroad to China are the territory of a foreign country. Aircraft is a general term that includes both airplanes and space stations in outer space that belong to a country.

No, 1 the principle of territoriality in the Criminal Code is only aircraft and ships.

2. It is the Chinese embassy abroad, and the foreign embassy in China itself is in China.

3 Generally refers to airplanes.

4. It depends on whether the plane is already in China's airspace.

In terms of substance, the handling of cases of absorbing offenders implements the principle of heavy acts absorbing light acts, and the main acts absorbing subordinate acts, and only convicting and punishing them by absorbing hail and wide state acts. Procedurally, the principle of conduct jurisdiction should also generally be absorbed.

Where the defendant is caught in the course of the train, the people's court for the area where the station ahead is located is responsible for trying the criminal case of railway transportation; Where the defendant is not caught while the train is in operation, the people's court that is in charge of the railway public security organ in charge of the train is to hear the criminal case of railway transportation.

Legal basis: Article 5 of the Interpretation of the Supreme People's Court on the Application of the Criminal Procedure Law of the People's Republic of China.