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Jurisdiction over Cases Involving Crimes Committed by Foreigners

(No. 2 [2013] of the Supreme People's Court)

Notice of the Supreme People's Court, the Supreme People's Procuratorate, the Ministry of Public Security, the Ministry of State Security, and the Ministry of Justice on Issues concerning the Jurisdiction over Cases Involving Crimes Committed by Foreigners

  

The higher people's courts, people's procuratorates, public security departments (bureaus), state security departments (bureaus), and the departments (bureaus) of justice of all provinces, autonomous regions and municipalities directly under the Central Government; the Production and Construction Corps Branch of the Higher People's Court of Xinjiang Uygur Autonomous Region; and the People's Procuratorate, the Public Security Bureau, the State Security Bureau, and the Bureau of Justice of the Xinjiang Production and Construction Corps:

 

To effectively implement the provisions of the amended Criminal Procedure Law on jurisdiction over criminal cases, and to ensure the quality in handling cases involving crimes committed by foreigners, in light of the characteristics of such cases and the actual conditions in case handling, the relevant issues concerning the jurisdiction over cases involving crimes committed by foreigners are hereby announced as follows:

 

The first instance cases involving crimes committed by foreigners shall be under the jurisdiction of the grassroots people's courts, except for those as prescribed in Articles 20 to 22 of the Criminal Procedure Law. As for an area where there are more cases involving crimes committed by foreigners, the intermediate people's court may designate one or more grassroots people's courts within its jurisdiction for centralized jurisdiction over the first instance cases involving crimes committed by foreigners; for an area where there are fewer cases involving crimes committed by foreigners, the intermediate people's court may, under the provisions of Article 23 of the Criminal Procedure Law, try the first instance cases involving crimes committed by foreigners under the jurisdiction of grassroots people's courts.

 

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