With the in-depth implementation of my country's further opening-up policy, and the continuous strengthening of foreign economic, trade, technological, and cultural exchanges, more and more foreigners come to our country for study, employment, and tourism. So the question is, can foreigners use Chinese laws to impose sanctions on illegal crimes in my country? Do they need to go to jail for breaking the criminal law?

Case:

A certain countryman, Pete and Ali, traveled to China together. During the trip, they were about to run out of money, so they came up with a trick. They took their own renminbi, found the old people to exchange the renminbi, and then took advantage of the old people's carelessness to steal the money from their bodies, causing many old people to be fooled.

In the end, Pete and Ali were caught by the police and sentenced to fixed-term imprisonment, fines and deportation by the court. At this time, the question arises, are foreigners illegally deported in China? Can deportation replace imprisonment?

This case is an actual case, and the circumstances are different. It has been added and deleted and is only for legal discussion.

Can foreigners commit crimes in our country be subject to sanctions under Chinese laws?

According to Article 6 of the Criminal Law of the People's Republic of China, this law is applicable to all crimes committed in the territory of the People's Republic of China, except for special provisions of the law.

Article 8. Foreigners who commit crimes against the People’s Republic of China or citizens outside of the territory of the People’s Republic of China and the minimum sentence stipulated in this law is three years or more imprisonment, this law may apply, but this law is not subject to the law of the place where the crime was committed. Except for penalties.

Article 11: The criminal liability of foreigners who enjoy diplomatic privileges and immunities shall be resolved through diplomatic channels.

In other words, regardless of whether it is illegal or criminal responsibility, as long as it occurs within the territory of the People’s Republic of China, including ships and aircraft of the People’s Republic of China, it shall be liable for the violation or crime in accordance with the law. Territorial jurisdiction shall apply to citizens of the People’s Republic of China. , Also applies to foreigners. However, if a foreigner with diplomatic immunity commits a crime, it needs to be resolved through diplomatic channels.

In this case, even though Pete and Ali are foreigners, they carry out illegal activities in our country and are subject to legal sanctions in accordance with our country's laws.

Speaking of this, some friends may wonder whether deportation can replace imprisonment? The answer is no. If foreigners are sentenced for crimes in China, deportation is attached. Then, foreigners must first go to jail in accordance with Chinese law, and then after serving their sentences, they will be sent out of China.

Deportation refers to a type of criminal punishment for foreign citizens who violate the law or commit a crime in the field of my country and are deported from within my country to outside China.

The "Exit and Entry Administration Law" and other regulations stipulate that foreigners who enter China illegally, stay illegally, and work illegally can be deported (deported) and cannot enter China for 1 to 5 years. The provisions of the "Public Security Administration Punishment Law" and the "Criminal Law" stipulate that foreigners who violate the law or commit a crime may be deported independently or additionally.

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