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Deportation refers to a criminal punishment for deporting criminals from the territory of China to the territory of China.
For Chinese citizens who have the nationality of the People's Republic of China and commit crimes within the territory of the People's Republic of China, the criminal law of deportation alone or in addition to the sentence shall not apply.
It can be seen from this that expulsion is only applicable to foreign citizens and stateless citizens who do not have Chinese nationality but have committed crimes within the territory of the People's Republic of China.
China's Criminal Law stipulates that this Law shall apply to all crimes committed within the territory of the People's Republic of China, unless otherwise provided by law.
Foreigners and stateless persons who commit crimes within the territory of the People's Republic of China shall be convicted and sentenced in accordance with the provisions of the Criminal Law, and shall be sentenced separately or with a principal or supplementary punishment or with a principal or supplementary punishment according to the outcome of their crimes. ”
For example, if a foreign citizen commits the crime of robbery in the territory of China and is sentenced to 10 years imprisonment in accordance with the law, he will be escorted to deportation or escorted back to China at the embassy (consulate) of the country where the foreign citizen is located after the completion of his sentence.
There are very strict regulations on the application of expulsion, and he must not only consider the circumstances of the crime and the seriousness of the crime, but also take into account the overall international situation and the diplomatic relations between the country of nationality of the offender and China.
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Legal Analysis: Deportation is also known as expulsion from the country. In China, it refers to the criminal punishment or public security management method of forcing foreigners or stateless persons who commit crimes in China to leave China.
The people's court shall make a judgment and enforce it. It may be applied independently or in addition, and when applied additionally, it should be enforced after the completion of the principal sentence. In countries such as Romania and Yugoslavia, deportation is a security measure.
The administrative punishment of foreigners and stateless persons who have forcibly carried out illegal activities in China and are not sufficient to pursue criminal responsibility for leaving China's national (border) borders shall be announced and enforced by the public security organs.
Legal basis: Article 35 of the Criminal Law of the People's Republic of China Article 35 Expulsion may be applied independently or additionally to foreigners who have committed crimes.
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Expulsion refers to the method of punishment for forcing foreigners or stateless persons who commit crimes in China to leave China. There are two ways in which deportation can be applied:
First, it is applied independently. It is aimed at foreigners whose crimes are relatively minor, and where it is not necessary to impose a principal sentence, they may be sentenced to deportation alone.
The second is additional application. It is aimed at those aliens whose crimes are of a more serious nature and who have been sentenced to the main sentence or other supplementary sentences, and may be expelled after the completion of the main sentence.
Exit. Legal basis: Article 35 of the Criminal Law may be applied independently or additionally to expulsion of foreigners who have committed crimes.
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Deportation refers to the criminal punishment method of forcing a foreigner who has committed a crime to leave China's national (border) territory.
Criminal Law of the People's Republic of China
Article 35: [Deportation] Deportation may be applied independently or additionally to foreigners who have committed crimes.
Provisions of the Supreme People's Court, the Supreme People's Procuratorate, the Ministry of Public Security, the Ministry of Justice, and the Ministry of Finance on the Enforcement Measures for Forcing Foreigners to Leave the Country
1. Scope of application.
In any of the following circumstances, foreigners who need to be compulsorily removed from the tomb shall be subject to these provisions:
1) On the basis of the provisions of the Criminal Law of the People's Republic of China, the people's courts are to sentence the offender to the criminal offender to be applied independently or additionally to the criminal punishment of deportation;
2) In accordance with the provisions of the "Law of the People's Republic of China on the Administration of the Entry and Exit of Foreigners", the Ministry of Public Security shall impose a time limit on foreigners who violate the law to leave the country or deport them;
3) In accordance with the provisions of the "Law of the People's Republic of China on the Administration of the Entry and Exit of Foreigners" and other relevant laws, foreigners who have been deported or shortened their period of stay or whose residence qualifications have been revoked by the public security organs have not voluntarily left the country within the specified time limit and need to be compulsorily deported;
4) In accordance with the provisions of international treaties or the Regulations of the People's Republic of China on Diplomatic Privileges and Immunities, China** has declared a foreigner who enjoys diplomatic or consular privileges and immunities to be persona non grata or a person who refuses to recognize his or her status as a diplomatic or consular officer, and ordered him to leave the country within a time limit, and he or she does not voluntarily leave the country within the time limit without justifiable reasons.
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Legal Analysis: Deportation refers to a criminal punishment for deporting criminals from the territory of China to the territory of China. According to Chinese law, expulsion may be applied independently or additionally to foreigners who have committed crimes. Therefore, deportation is an additional sentence or an independent sentence.
The law stipulates: Article 35 of the Criminal Law of the People's Republic of China Expulsion may be applied independently or additionally to foreigners who have committed crimes.
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Legal Analysis: Expulsion from the territory is also known as expulsion from the country. In China, it refers to the criminal punishment or public security management method of forcing blind foreigners or stateless persons who commit crimes in China to leave China.
Legal basis: Article 35 of the Criminal Burial Law of the People's Republic of China provides that expulsion may be applied independently or additionally to foreigners who have committed crimes.
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