Chinese In Overseas Jails May Face Extra Punishment When They Go Home — If they can get a PRC Passport!

What happens when a Chinese citizen commits a crime overseas, serves his sentence and then is deported  back to China?

Well, that depends upon whether China recognizes his citizenship.  Sometimes there are delays and delays and the former prisoner gets release from US immigration detention since there are limits to how long people can be held there.

I saw someone asking that question online recently and curious did a bit of research on Chinese websites.  There are all kinds of questions and answers online, including answers from lawyers.  Lots and lots of stuff in a Chinese language internet world that has already grown to hundred of millions of users. Anyways see my summary of the answers from a Chinese online forum below.  This is online information and your mileage may vary according to your circumstances.

A Chinese citizen who committed an offense overseas, was punished, and then returned to China might also be punished for the offense under Chinese law.  However, depending upon the sentence or fine imposed overseas, they either might not be punished at all or get a lighter jail term or fine.   People who committed offenses overseas which have carry a sentence of three years or less will not be pursued by the Chinese courts except in certain cases in which not prosecuting them would create a bad influence on society. Whether or not a person is further pursued under Chinese law after they have been punished by jail or a fine overseas is not certain, it depends upon the circumstances of each case.
The second question:  May a Chinese overseas apply for a passport after they complete their sentence.
Answer:  People who complete their prison sentences in China must wait six months to three years before they may apply for a PRC passport.  Don’t know what the rule is for prisoners overseas. You had better ask go see your local Public Security Bureau Entry Exit Bureau and ask.
相关法条: 《中华人民共和国刑法》 第七条中华人民共和国公民在中华人民共和国领域外犯本法规定之罪的,适用本法,但是按本法规定的最高刑为三年以下有期徒刑的,可以不予追究。 第十条 凡在中华人民共和国领域外犯罪,依照本法应当负刑事责任的,虽然经过外国审判,仍然可以依照本法追究,但是在外国已经受过刑罚处罚的,可以免除或者减轻处罚
发布于2017-02-01 19:50最佳答案
 在国外违法被判刑,回国后还要被追究刑责吗
挚爱小慧fCC
发布于2017-02-01 19:50 最佳答案
问:律师先经看外犯罪该入管局强制遣送报道想请教您些公安机关采取措施外已经服满刑切自由呢百忙打扰您谢 答:根据《刑》第七条规定华民共公民华民共领域外犯本规定罪适用本按本规定高刑三期徒刑予追究另外第十条规定凡华民共领域外犯罪依照本应负刑事责任虽经外审判仍依照本追究外已经受刑罚处罚免除或者减轻处罚说于外犯罪否追究刑事责任要看所犯罪行及其严重性按照现行刑规定其所犯罪行高刑三期徒刑予追究规定予追究非必结若造影响恶劣排除追究刑事责任能 要公民外犯罪判处刑罚且已执行其否要追究责任其结根据具体情况决定否追究刑事责任外已经执行刑罚相应免除或者减轻处罚 相关条: 《华民共刑》 第七条华民共公民华民共领域外犯本规定罪适用本按本规定高刑三期徒刑予追究 第十条 凡华民共领域外犯罪依照本应负刑事责任虽经外审判仍依照本追究外已经受刑罚处罚免除或者减轻处罚(平线律师事务所)

 

 

 

 

 



发布于2015-11-19 14:24最佳答案
国内的刑满释放是6个月到三年。
国外的不清楚,建议去公安局出入境管理局问问。

 

Advertisements

About 高大伟 David Cowhig

Worked 25 years as a US State Department Foreign Service Officer including ten years at US Embassy Beijing and US Consulate General Chengdu and four years as a China Analyst in the Bureau of Intelligence and Research. Before State I translated Japanese and Chinese scientific and technical books and articles into English freelance for six years. Before that I taught English at Tunghai University in Taiwan for three years. And before that I worked two summers on Norwegian farms, milking cows and feeding chickens.
This entry was posted in Law 法律 and tagged , , , , , , , , , , , , , , , , , , , , , , . Bookmark the permalink.

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s