1. International Criminal Judicial Assistance
International criminal judicial assistance refers to the mutual assistance provided by the People's Republic of China and foreign countries in the investigation, investigation, prosecution, trial, and execution of criminal cases, including the service of documents, investigation and collection of evidence, arrangement of witnesses to testify or assist in investigation, seizure, seizure, freezing of property involved in the case, confiscation, return of illegal gains and other property involved in the case, transfer of sentenced persons, and other assistance.
2. Detailed Provisions of Article 10 of the Law on International Criminal Judicial Assistance
Article 10 of the Law on International Criminal Judicial Assistance specifies in detail the procedures for requesting foreign countries to provide criminal judicial assistance. The law requires that requests for criminal judicial assistance to other countries be made in accordance with the existing criminal judicial assistance treaties between the two sides. Where there is no treaty or where the treaty does not specify the matter, refer to Article 13 of this law for handling.
3. Main Authorities for Conducting International Criminal Judicial Assistance
The Ministry of Public Security, the Ministry of State Security, and other departments are the main authorities for conducting international criminal judicial assistance. According to their division of responsibilities, they review and handle requests for criminal judicial assistance to foreign countries, review and handle foreign requests for criminal judicial assistance transmitted by foreign liaison agencies, and undertake other work related to international criminal judicial assistance. Therefore, the four provisions in the title all fall under the provisions of the People's Republic of China Law on International Criminal Judicial Assistance for conducting international criminal judicial assistance.
4. Principles of International Criminal Judicial Assistance
In international criminal judicial assistance, this principle is mainly reflected in the following aspects: first, countries should treat each other equally in handling international criminal judicial affairs and should not discriminate against or exclude other countries for any reason. Second, countries should respect the sovereignty and independence of other countries and should not interfere in the internal affairs of other countries or infringe upon the sovereignty of other countries. Third, countries should abide by international law and international conventions and should not violate relevant laws and regulations.
5. Legal Basis for Criminal Judicial Assistance
The domestic law also clearly stipulates the legal basis for criminal judicial assistance, such as Article 17 of the Criminal Procedure Law of the People's Republic of China, which stipulates the rights and obligations of Chinese judicial organs in providing criminal judicial assistance under the support of international treaties and the principle of reciprocity. In China, when judicial organs provide criminal judicial assistance, in addition to the above international treaties and legal provisions, they also need to follow a series of judicial interpretations and administrative regulations.
What is International Criminal Judicial Assistance?
1. Compilation of This Book
The main goal of compiling this book is to provide valuable research materials for professional legal workers in China's public security, procuratorial, judicial, supervisory, customs, judicial administration, and foreign affairs departments, as well as for those engaged in legal research and teaching on international criminal judicial assistance. It aims to help them understand and master the domestic legal provisions of countries in international criminal judicial assistance, and provide theoretical basis and practical reference for China to formulate the Law on International Criminal Judicial Assistance.
2. International Criminal Judicial Assistance
International criminal judicial assistance refers to the mutual assistance provided by the People's Republic of China and foreign countries in the investigation, investigation, prosecution, trial, and execution of criminal cases, including the service of documents, investigation and collection of evidence, arrangement of witnesses to testify or assist in investigation, seizure, seizure, freezing of property involved in the case, confiscation, return of illegal gains and other property involved in the case, transfer of sentenced persons, and other assistance.
3. Judicial Assistance in Criminal Proceedings
In criminal proceedings, judicial assistance is a form of mutual assistance between Chinese and foreign judicial institutions based on treaties, international treaties, and the principle of reciprocity, in which they participate and assist in the execution of certain procedural acts of criminal proceedings. The main contents include assistance in extradition, document service, investigation and collection of evidence, identification, inspection, search, seizure, and other aspects, as well as witness notification and other matters.
4. Criminal Judicial Assistance
Criminal judicial assistance refers to the assistance provided by judicial organs of different countries to each other based on the international treaties concluded or participated in by their respective countries, or according to the principle of reciprocity, in criminal matters for the other party to perform certain procedural acts. Criminal judicial assistance has two meanings: narrow and broad. The narrow meaning of judicial assistance refers only to the service of judicial documents and the collection of evidence. The broad meaning of judicial assistance also includes extradition, litigation transfer, transfer of foreign prisoners, and other matters.
5. General International Criminal Judicial Assistance
General international criminal judicial assistance includes extradition, litigation transfer, recognition and enforcement of foreign judgments, and other procedural acts.
6. Legal Analysis: Criminal Judicial Assistance
Criminal judicial assistance refers to the judicial acts of a country's court or other judicial organ, according to the request of another country's court or other judicial organ, to act on its behalf or assist in the implementation of judicial acts related to criminal proceedings. Criminal judicial assistance is a type of judicial assistance. In addition to criminal judicial assistance, judicial assistance also includes civil judicial assistance.
Specific Content of Article 10 of the Law on International Criminal Judicial Assistance
1. Legal Basis for Criminal Judicial Assistance
The domestic law also clearly stipulates the legal basis for criminal judicial assistance, such as Article 17 of the Criminal Procedure Law of the People's Republic of China, which stipulates the rights and obligations of Chinese judicial organs in providing criminal judicial assistance under the support of international treaties and the principle of reciprocity. In China, when judicial organs provide criminal judicial assistance, in addition to the above international treaties and legal provisions, they also need to follow a series of judicial interpretations and administrative regulations.
2. Article 12: Public Security Organs
Public Security Organs shall strengthen coordination and cooperation among regions and departments and fulfill their duties of investigation and assistance in accordance with the law. The superior public security organs shall strengthen supervision, coordination, and guidance.
3. The Principle of Respect for National Sovereignty in International Criminal Judicial Assistance
International criminal judicial assistance must be based on the principle of respecting national sovereignty. This principle reflects the basic norms of international law, that is, countries should treat each other equally in international criminal judicial affairs and respect the sovereignty and independence of other countries, avoid interfering in the internal affairs of other countries or infringing upon the sovereignty of other countries. The embodiment of the principle of national sovereignty in international criminal judicial assistance.
4. International Criminal Judicial Assistance
International criminal judicial assistance refers to the mutual assistance provided by the People's Republic of China and foreign countries in the investigation, investigation, prosecution, trial, and execution of criminal cases, including the service of documents, investigation and collection of evidence, arrangement of witnesses to testify or assist in investigation, seizure, seizure, freezing of property involved in the case, confiscation, return of illegal gains and other property involved in the case, transfer of sentenced persons, and other assistance.
5. Connotation of the Principle of National Sovereignty
The principle of national sovereignty is the cornerstone of international law. It emphasizes that each country has the right to independent autonomy, including the right to decide on the political, economic, and cultural aspects of its own country. In international criminal judicial assistance, the principle of national sovereignty means that countries should follow the principles of equality, respect, and cooperation in handling international criminal judicial affairs, and should not interfere in the internal affairs of other countries or infringe upon the sovereignty of other countries.
6. Detailed Explanation of Requirements for Requesting Judicial Assistance
The fourth article elaborates on the requirements for requesting judicial assistance, including the content of the request, such as the names of the two parties, the name of the case, and information about the involved personnel, and emphasizes the importance of the signing and seal of the request. The fifth article emphasizes the issue of judicial assistance fees, usually both sides are exempted from fees, and the travel and accommodation expenses of witnesses or experts are borne by the party requesting the assistance, with clear provisions for notification and advance payment of fees.
National Sovereignty Principle in International Criminal Judicial Assistance
1. Principle of Equality and Reciprocity in Judicial Assistance
Judicial assistance should be conducted on the basis of the principle of equality and reciprocity. The parties concerned are equal and mutually respectful, and should not impose their own will on other countries or use this as an excuse to sanction or attack other countries. When there is no judicial assistance treaty between countries, they should adhere to mutual reciprocity and follow international conventions. Similarly, when the People's Republic of China's judicial organs entrust the completion of assistance tasks, they must also carefully review the entrusted content in accordance with the above principles.
2. National Sovereignty Principle in International Criminal Judicial Assistance
The principle of national sovereignty in international criminal judicial assistance refers to the respect of countries for each other's sovereignty and independence in handling international criminal judicial assistance matters and not interfering in the internal affairs of other countries or infringing upon the sovereignty of other countries. The connotation of the principle of national sovereignty is that it is the cornerstone of international law, emphasizing that each country has the right to independent autonomy, including the right to decide on the political, economic, and cultural aspects of its own country. In international criminal judicial assistance, the principle of national sovereignty means that countries should follow the principles of equality, respect, and cooperation in handling international criminal judicial affairs and should not interfere in the internal affairs of other countries or infringe upon the sovereignty of other countries.
3. Ensuring that Criminal Offenders Cannot Escape Legal Sanctions
Secondly, criminal judicial assistance respects the judicial sovereignty of each country. This cooperation is based on the mutual respect of judicial sovereignty between the judicial organs of the two countries and is carried out through international conventions, treaties, or the principle of reciprocity. Only under the premise of ensuring judicial sovereignty can criminal judicial assistance be carried out smoothly, otherwise it will violate the premise of cooperation.
4. International Criminal Judicial Assistance Based on the Principle of Equality and Reciprocity
The People's Republic of China and foreign countries carry out international criminal judicial assistance based on the principle of equality and reciprocity. International criminal judicial assistance may not harm the sovereignty, security, and public interests of the People's Republic of China, and may not violate the fundamental principles of the People's Republic of China's law.
5. The Essence of Criminal Judicial Assistance
The essence of criminal judicial assistance is the mutual cooperation between the judicial organs of two countries with judicial sovereignty in the fight against criminal crimes. The basis for criminal judicial assistance activities is the international conventions and treaties jointly participated in by the two countries, or according to the principle of reciprocity, to carry out criminal judicial assistance, and it requires the judicial organs of two sovereign countries to carry out in the premise of mutual respect for the judicial sovereignty of each other.
Main Authorities for Conducting International Criminal Judicial Assistance in China
1. Central Authority for Conducting International Investigation Cooperation
The Ministry of Public Security is the central authority for conducting international investigation cooperation.
2. Public Security Organs
Public Security Organs are an important part of the people's government and are a component of the country's administrative organs. At the same time, they also bear the task of investigating criminal cases and are one of the judicial organs of the country. Public Security Organs are a functional department of the government, responsible for managing social security and exercising the country's administrative power. At the same time, public security organs investigate criminal cases in accordance with the law and exercise the country's judicial power; judicial administrative organs and their leading lawyers, notary offices, labor education agencies, and other organizations.
3. Article 364: Central Authority for Conducting Criminal Judicial Assistance and Police Cooperation
The Ministry of Public Security is the central authority for conducting criminal judicial assistance and police cooperation. It receives or proposes requests for criminal judicial assistance or police cooperation to foreign countries through the channels of relevant international treaties, agreements, diplomatic channels, or the International Criminal Police Organization. Local public security organs handle criminal judicial assistance matters and police cooperation matters according to their division of responsibilities.
4. Main Authorities for Conducting International Criminal Judicial Assistance
The National Supervisory Commission, the Supreme People's Court, the Supreme People's Procuratorate, the Ministry of Public Security, the Ministry of State Security, and other departments are the main authorities for conducting international criminal judicial assistance. According to their division of responsibilities, they review and handle requests for criminal judicial assistance to foreign countries, review and handle foreign requests for criminal judicial assistance transmitted by foreign liaison agencies, and undertake other work related to international criminal judicial assistance.
5. Article 6 of the Law on International Criminal Judicial Assistance
According to Article 6 of the Law on International Criminal Judicial Assistance, the National Supervisory Commission, the Supreme People's Court, the Supreme People's Procuratorate, the Ministry of Public Security, the Ministry of State Security, and other departments are the main authorities for conducting international criminal judicial assistance. According to their division of responsibilities, they review and handle requests for criminal judicial assistance to foreign countries, review and handle foreign requests for criminal judicial assistance transmitted by foreign liaison agencies, and undertake other work related to international criminal judicial assistance.
6. The Supreme People's Procuratorate
According to the relevant provisions of Chinese law, the Supreme People's Procuratorate is the main authority for procuratorial organs to conduct international criminal judicial assistance, responsible for reviewing requests for criminal judicial assistance to foreign countries submitted by local procuratorial organs.
Legal Basis for Criminal Judicial Assistance
1. Definition of Criminal Judicial Assistance
Criminal judicial assistance refers to the judicial acts of a country's court or other judicial organ, according to the request of another country's court or other judicial organ, to act on its behalf or assist in the implementation of judicial acts related to criminal proceedings. Criminal judicial assistance is a type of judicial assistance. In addition to criminal judicial assistance, judicial assistance also includes civil judicial assistance.
2. Execution Assistance
According to the provisions of the Criminal Procedure Law and the Civil Procedure Law of the People's Republic of China, judicial organs can issue requests for assistance to departments, units, or individuals, including assistance in seizure, seizure, auction, and transfer of property. This assistance is to ensure the effective execution of judgments and decisions, and maintain the legitimate rights and interests of parties and social order.
3. Legal Basis for Criminal Judicial Assistance
The legal basis for criminal judicial assistance is mainly divided into the following four aspects: first, international conventions play a key role, such as the European Criminal Judicial Assistance Convention signed by European countries in 1959, which provides a basic framework for judicial cooperation among countries.
4. Temporary Suspension of Transfer by the Requested Contracting Party
Article 31 stipulates the situations in which criminal judicial assistance may be refused. In addition to the provisions of Article 13 of this Agreement, if the requested contracting party considers that the act involved in the request does not constitute a crime according to its own law, it may also refuse to provide criminal judicial assistance. At the same time, the requested contracting party shall notify the other contracting party of the reasons for refusing to provide criminal judicial assistance.
5. Legal Basis for Criminal Judicial Assistance Between Countries
The legal basis for criminal judicial assistance between countries generally has four aspects: first, international conventions jointly participated in by countries, such as the European Criminal Judicial Assistance Convention signed by some European countries in 1959, and the United Nations Convention against Corruption adopted and ratified by the Tenth National People's Congress Standing Committee of the People's Republic of China on October 27, 2005, and officially effective on December 14, 2005.
