Criminal cases are special cases

In the trial jurisdiction of criminal cases, in order to determine jurisdiction, China's Criminal Procedure Law provides for hierarchical jurisdiction, territorial jurisdiction, transfer jurisdiction, designated jurisdiction, and special jurisdiction, etc., but criminal cases are complex, and the Supreme People's Court has made special provisions on the jurisdiction of the following special circumstances: 1. Where it is discovered that a convict who is serving a sentence has other crimes that have not been tried before the judgment is announced, the original people's court has jurisdiction; If it is more appropriate for the people's court for the place where the convict is serving his sentence or for the main crime of the newly discovered crime to have jurisdiction, the people's court for the place where the sentence is served or where the main crime of the newly discovered crime is to have jurisdiction. Where a convict who is currently serving a sentence commits another crime while serving his sentence, the people's court for the place where he is serving his sentence has jurisdiction.

2. If a criminal serving a sentence commits a crime during the period of escape, if it is captured and discovered at the place where the crime was committed, the people's court at the place of the crime has jurisdiction; If it is discovered after being arrested and escorted back to prison, the people's court for the place where the convict is serving his sentence has jurisdiction.

3. Where the provisions of an international treaty concluded or acceded to by the People's Republic of China have specific provisions on criminal procedures, apply to that international treaty. However, with the exception of the clauses to which we have declared reservations.

4. Jurisdiction for crimes committed on international trains shall be determined in accordance with the relevant jurisdiction agreements signed between China and relevant countries. If there is no agreement, the railway transport court at the location or destination of the Chinese station where the train originally stopped after the crime occurred shall have jurisdiction.

5. Crimes committed by a Chinese citizen in a Chinese embassy or consulate abroad shall be under the jurisdiction of the people's court at the place where the citizen's competent unit is located or where his original household registration is located. 6. Crimes committed on board a Chinese aircraft outside the territory of the People's Republic of China shall be under the jurisdiction of the people's court at the place where the aircraft first landed in China after the crime occurred.

7. Crimes committed on board a Chinese ship outside the territory of the People's Republic of China shall be under the jurisdiction of the people's court at the place where the ship was originally berthed at the place where the ship was first berthed after the crime occurred.

8. The People's Republic of China exercises criminal jurisdiction over crimes provided for in international treaties concluded or acceded to by the People's Republic of China within the scope of its treaty obligations, and such cases are under the jurisdiction of the Intermediate People's Court at the place where the defendant was caught.

9. Where a foreigner commits a crime against the State or a citizen of the People's Republic of China outside the territory of the People's Republic of China and shall be punished in accordance with the Criminal Law of the People's Republic of China, the Intermediate People's Court at the place where the foreigner enters the country shall have jurisdiction.

10. Crimes committed by Chinese citizens outside the territory of the People's Republic of China shall be under the jurisdiction of the people's court at the place of residence or original household registration of the citizen before leaving the country. Enterprise Law Network.

11. In private criminal prosecution cases, where one or both of the private prosecutors or defendants are Chinese citizens residing in Hong Kong, Macao, or Taiwan, or where their domicile is in a unit in Hong Kong, Macao, or Taiwan, the basic level people's court at the place of the crime is to try the case.

Special cases in criminal cases ad hoc or with immunity from the State.

Circumstances of parole under special circumstances: the convict has made a major invention or outstanding meritorious service while serving his sentence; The offender has basically lost his ability to move and has shown repentance, and will no longer endanger society after parole; The offender has specialized skills that are urgently needed by the relevant units; Where the convict's family has special difficulties and needs to be taken care of by himself, and requests for parole.

Article 234 of the Criminal Law of the People's Republic of China Whoever intentionally harms the body of another person shall be sentenced to up to three years imprisonment, short-term detention or controlled release. Whoever commits the crime in the preceding paragraph, causing serious injury, is to be sentenced to fixed-term imprisonment of not less than three years but not more than ten years; Whoever causes death or seriously injures a person by especially cruel means, causing serious disability, is to be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment, or death. Where this Law provides otherwise, follow those provisions.

"Special cases of legal aid" refers to cases in which legal aid shall or may be provided in laws such as the Criminal Procedure Law, the Lawyers Law, and the Law on the Protection of the Rights and Interests of the Elderly. Generally, the following cases are included: (1) Criminal cases in which the defendant is blind, deaf, mute, or a juvenile without a defender; (2) in a criminal case where the defendant has not retained a defender and may be sentenced to death; (3) Appeal cases in which the defendant was sentenced to death by the first-instance people's court and did not retain a defender when he appealed; (4) In a case of joint crime, the other defendants have retained a defender, but the defendant has not retained a defender; (5) Cases in which the foreign defendant has not retained a defender; (6) Cases with significant social impact; (7) Cases in which the people's court finds that there are problems with the prosecution opinion and the transferred case evidence materials, which might affect the court's correct determination of crime and sentencing.

In addition, legal aid is generally available to citizens (or elderly persons) who are unable to pay legal fees under article 41 of the Lawyers Law and article 39 of the Law on the Protection of the Rights and Interests of the Elderly, i.e., who are financially disadvantaged.

Remember to adopt it.

The place of the crime in the legal sense includes the place where the crime was committed and the place where the crime resulted. The place where the crime occurred is the place where the perpetrator proceeds to commit the crime. The place where the result of the crime occurred refers to the place where the perpetrator obtained the purpose of the crime (e.g., theft is to obtain property to be stolen).

1. How to determine that a criminal case is within the jurisdiction of the public security organs.

In criminal cases, under normal circumstances, the public security organ at the site of the crime shall have jurisdiction, and the site of the crime includes the place where the criminal conduct occurred and the place where the results of the crime occurred. The place where the criminal act occurred, including the place where the criminal act was committed, as well as the place where the criminal act was prepared, started, transited, and ended, and other places related to the criminal act. 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.

2. Is it to file a case at the local police station to sue for fraud?

The crime of fraud is under the jurisdiction of the public security organ at the place where the crime was committed. 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. Where the place where the criminal conduct occurred, including the place where the criminal act was committed, the place where the criminal act was committed, the place where it was prepared, the place where it passed, the place where it ended, and the place where the crime was related to the criminal act, is continuous, continuous, or continuing, the place where the criminal act was carried out is the place where the criminal act occurred.

3. Criminal cases have the jurisdiction of several public security organs.

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. 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 of destroying branches was carried out, as well as the place of preparation, the place of beginning, the place of transit, the place of end, and other places related to the criminal act; 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. According to the law, 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.

Article 2 of the Interpretation of the Supreme People's Court on Application.

The place where the crime was committed includes the place where the crime was committed and the place where the crime resulted.

For crimes committed against or primarily using computer networks, the site of the crime includes the location of the server used to carry out the criminal act, the location of the network service provider, the location of the infringed information network system and its managers, the location of the information network system used by the defendant or victim in the course of the crime, and the location of the victim at the time of the infringement and the place where the victim's property suffered.