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Anonymous users2024-02-12Legal analysis: 1. If the act is in Japan, Japan has filed a case for investigation, handled in accordance with Japanese law, and then returned to China, according to the provisions of Articles 7 and 10 of the Criminal Law, in accordance with the personal jurisdiction, the criminal law of our country is applied, but the maximum penalty is less than three years imprisonment, the criminal responsibility must be investigated, and if the criminal punishment has been received in Japan, the criminal punishment can be waived or the punishment can be reduced.
Legal basis: Criminal Law 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.
Article 10: Where crimes committed outside the territory of the People's Republic of China shall bear criminal responsibility in accordance with this Law, although they may still be pursued in accordance with this Law after trial in a foreign country, punishment may be waived or commuted where they have already received criminal punishment in a foreign country.
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Anonymous users2024-02-11Legal analysis: If the act is in Japan, Japan has filed a case for investigation and will be handled in accordance with Japanese law. After returning to China, in accordance with Articles 7 and 10 of the Criminal Law of the People's Republic of China, the Criminal Law of our country shall be applied in accordance with personal jurisdiction, but the maximum penalty is not more than three years imprisonment, criminal responsibility may be waived and criminal responsibility must be pursued, and those who have already received criminal punishment in Japan may be exempted from criminal punishment or commuted punishment.
Legal basis: "Criminal Law 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 shall apply, but where the maximum penalty provided for in this Law is up to three years imprisonment, they may not be prosecuted. 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.
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Anonymous users2024-02-101. If the act is in Japan, Japan has filed a case for investigation and handled it in accordance with Japanese law; 2. Where, in accordance with articles 7 and 10 of the Criminal Law, the Criminal Law of our country is applied in accordance with personal jurisdiction, but the maximum penalty is up to three years imprisonment, it may not be pursued; If criminal liability is necessary, a person who has already received a criminal penalty in Japan may be exempted from criminal punishment or have his punishment commuted. In other words, whether a Chinese will be held criminally responsible after returning home from a crime abroad depends on the crime he committed and its seriousness. If, in accordance with the provisions of the current Criminal Law, the maximum penalty for the crime committed is fixed-term imprisonment of not more than three years, it may not be prosecuted.
Of course, this is only a provision that no investigation can be carried out, not an inevitable result, and if the impact caused is bad, the possibility of pursuing criminal responsibility cannot be ruled out. Relevant legal provisions: Article 7 of the Criminal Law of the People's Republic of China: Where a citizen of the People's Republic of China commits a crime provided for in this Law outside the territory of the People's Republic of China, this Law shall apply, but the maximum penalty provided for in this Law is up to three years imprisonment may not be pursued.
Article 10: Where crimes committed outside the territory of the People's Republic of China shall bear criminal responsibility in accordance with this Law, although they may still be pursued in accordance with this Law after trial in a foreign country, punishment may be waived or commuted where they have already received criminal punishment in a foreign country.
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The Japanese are miserable and inhumane, and the most obvious thing is the three-light policy, that is, robbing, burning, and killing everything. After the Japanese conquered Nanjing, they killed 300,000 of our soldiers and civilians. The sins committed by killing my parents and brothers and raping my sisters are too great to mention.