Criminal Law In China: A Comprehensive Overview

The Criminal Law of the People's Republic of China is enacted based on the country's constitution and experiences in fighting crimes. It aims to use criminal punishments to fight against all criminal acts and protect the security of the state, its power, and the socialist system. The law applies to anyone who commits a crime within China's territory, territorial waters, or space, as well as on board its ships or aircraft. It also applies to crimes stipulated in international treaties to which China is a party and exercises criminal jurisdiction. The law states that anyone who commits a crime will be punished according to the crime committed and the criminal responsibility they bear.

Criminal jurisdiction and international treaties

China's criminal law applies to any crimes committed within its territory, territorial waters, and airspace. It also applies to any Chinese citizen or foreigner who commits a crime outside of China, as well as on board a Chinese ship or aircraft, if the crime is deemed to be within Chinese jurisdiction as stipulated in international treaties.

China has signed and ratified numerous core international human rights treaties, including conventions on racial discrimination, discrimination against women, apartheid, refugees, genocide, and torture. However, China has resisted yielding permanent jurisdiction to an international criminal court, such as the ICC, citing concerns over the principle of complementarity and the inclusion of certain crimes under the court's jurisdiction, like aggression and war crimes committed in non-international armed conflicts.

Despite China's emphasis on sovereignty and objection to outside intervention, it does not completely reject international human rights norms. China has shown support for certain international interventions to prevent and punish serious human rights violations that amount to international crimes.

The Criminal Law of the People's Republic of China also specifies that the law shall be applicable to any state functionary or serviceman who commits a crime outside of China's territory, as well as any foreigner who commits a crime against China or its citizens, with certain conditions regarding the minimum punishment prescribed in the law.

Equality under the law

The Criminal Law of the People's Republic of China is enacted on the basis of the Constitution and in light of the country's concrete experiences and actual circumstances in fighting crimes. The law aims to use criminal punishments to fight against all criminal acts to safeguard state security, defend the state power of the people's democratic dictatorship and the socialist system, and protect public and economic order.

The law applies to anyone who commits a crime within the territory and territorial waters and space of the People's Republic of China, except as otherwise specifically provided by law. It also applies to any citizen of China who commits a crime prescribed by law outside the country's territory and to any foreigner who commits a crime against the state or its citizens. Additionally, the law may be applied to crimes stipulated in international treaties to which China is a party and over which it exercises criminal jurisdiction.

In terms of equality under the law, the Criminal Law of the People's Republic of China states that the law shall be equally applied to anyone who commits a crime. No one shall have the privilege of transcending the law. This means that anyone who engages in acts that are explicitly defined as criminal acts in law shall be convicted and punished according to the law. The degree of punishment shall be commensurate with the crime committed and the criminal responsibility of the offender.

For individuals sentenced to public surveillance, the law provides that they shall receive equal pay for equal work while engaged in labour. This ensures that even those convicted under the law are afforded a level of equality and fair treatment in terms of compensation for their labour.

While the law strives for equality in its application, there have been concerns raised by human rights groups and international organizations regarding the harshness of criminal law in China, particularly in relation to the use of capital punishment for many crimes. China has the highest number of criminals executed in the world each year, which has sparked debate and criticism from various quarters.

Criminal acts and punishments

The Criminal Law of the People's Republic of China aims to use criminal punishments to fight against all criminal acts and maintain public and economic order. The law applies to anyone who commits a crime within the territory, territorial waters, or airspace of China. This includes crimes committed on board a Chinese ship or aircraft.

The law also applies to any citizen of the People's Republic of China who commits a crime prescribed by Chinese law outside of its territory, territorial waters, or airspace. However, if the maximum punishment is fixed-term imprisonment of not more than three years, they may be exempted from criminal investigation. Additionally, China can investigate the criminal responsibility of any person who commits a crime outside of its territory for which they should bear criminal responsibility according to Chinese law, even if they have already been tried in a foreign country.

For an act to be punishable, it must be explicitly defined as a criminal act in law. The degree of punishment shall be commensurate with the crime committed and the criminal responsibility of the offender. The law shall be applied equally to anyone who commits a crime, without any privilege to transcend it.

Territorial applicability

The Criminal Law of the People's Republic of China applies to any criminal act committed within the territory and territorial waters and space of the People's Republic of China. This means that if a crime is committed in China, on board a Chinese ship or aircraft, or even in outer space, it falls under the jurisdiction of Chinese criminal law.

The law also applies to any citizen of the People's Republic of China who commits a crime outside of China, as stipulated in the law. However, if the maximum punishment for such a crime is fixed-term imprisonment of not more than three years, the citizen may be exempted from criminal investigation. This is an example of extraterritorial jurisdiction, where a country's laws can apply to its citizens or interests even when they are outside its borders.

Additionally, China's criminal law can apply to crimes stipulated in international treaties to which China is a party. This means that if China has agreed to certain obligations in a treaty, it can exercise criminal jurisdiction over those crimes, even if they occur outside of China's territory. This is an important aspect of international law and cooperation, ensuring that countries work together to address global criminal issues.

It is important to note that the law also states that anyone who has committed a crime outside of China for which they should bear criminal responsibility may still be investigated according to Chinese law, even if they have already been tried in a foreign country. This suggests that China reserves the right to pursue legal action against individuals who have committed crimes that affect China or its citizens, regardless of the actions taken by other jurisdictions.

Aircraft and ships

China's criminal law applies to any crimes committed on board a ship or aircraft of the People's Republic of China. This includes crimes such as hijacking a ship or endangering air safety through violence against persons on board an aircraft. The law stipulates that the degree of punishment shall be commensurate with the crime committed and the offender's criminal responsibility. For example, hijacking a ship through violence or coercion carries a sentence of fixed-term imprisonment of 5 to 10 years, with more severe consequences resulting in life imprisonment. Similarly, endangering air safety without serious consequences is punishable by up to 5 years in prison, while serious consequences can lead to a sentence of 5 years or more.

Additionally, China's criminal law addresses crimes related to smuggling and the provision of armed escort for smuggling. Those who conspire with smugglers by providing loans, funds, transportation, or other conveniences are deemed accomplices and punished accordingly. The use of violence or threats to resist the seizure of smuggled goods is also criminalized and carries penalties for both the crime of smuggling and obstructing state functionaries from performing their duties.

Other criminal acts specified by Chinese law include bribery, credit card fraud, and the sale or purchase of counterfeit currencies. In the case of bribery, a briber who voluntarily confesses before a criminal investigation may receive a mitigated penalty or exemption. Credit card fraud, such as obtaining cards through false identity certification, can result in imprisonment of up to three years and fines ranging from 10,000 to 100,000 yuan. The penalties increase for larger amounts involved, with imprisonment of 3 to 10 years and fines of 20,000 to 200,000 yuan. Similarly, the sale or purchase of counterfeit currencies carries penalties ranging from imprisonment and fines to life imprisonment and property confiscation, depending on the amount involved.

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