Database of Legislation

 Part One - Chapter I
 Article 6-8

UNTOC Articles

  • Organized Crime Convention

  • Article 15: Jurisdiction
  • Trafficking in Persons Protocol

  • Smuggling of Migrants Protocol

  • Firearms Protocol

     

    Original Text

    Article 6
    This Law is applicable to anyone who commits a crime within the territory of the People's Republic of China, unless the case is covered by special legal provisions.

    This Law is also applicable to anyone who commits a crime on board a ship or an aircraft of the People's Republic of China.

    If the criminal act or its consequence takes place within the territory of the People's Republic of China, the crime shall be deemed to have been committed within the territory of the People's Republic of China.

    Article 7
    This Law is applicable to the citizens of the People's Republic of China who commit crimes prescribed in this Law outside the territory of the People's Republic of China; however, they may not be investigated if for those crimes this Law prescribes a maximum punishment of fixed-term imprisonment of not more than three years.

    This Law is applicable to state functionaries and servicemen of the People's Republic of China who commit crimes outside the territory of the People's Republic of China.

    Article 8
    This Law may be applicable to any foreigner who commits a crime outside the territory of the People's Republic of China, against the state of the People's Republic of China or against its citizens, if for that crime this Law prescribes a minimum punishment of fixed-term imprisonment of not less than three years; however, this does not apply to a crime that is not punishable according to the law of the place where it was committed.

     
     

    Cross-Cutting Issues

    • Jurisdiction

      • • Principle of territoriality (offences committed upon one state’s territory, even if the offender is a foreign citizen)
        • On board a ship/vessel flying its flag
        • On board an aircraft registered under its laws
        • Active principle of nationality (offence committed outside its territory by its nationals)
        • Passive principle of nationality (offence committed outside its territory against its nationals)