Criminal law of PRC not only effective inside China. Anyone Chinese citizen who had criminal history, and wanted to back China, may need to consult a Chinese attorney to evaluate the risk.
1) The Criminal Law of China shall be applicable to any citizen of the People’s Republic of China who commits a crime prescribed in this Law outside the territory and territorial waters and space of the People’s Republic of China ; however , if the maximum punishment to be imposed is fixed-term imprisonment of not more than three years as stipulated in this Law , he may be exempted from the investigation for his criminal responsibility. The Criminal Law of China shall be applicable to any State functionary or serviceman who commits a crime prescribed in this Law outside the territory and territorial waters and space of the People’s Republic of China. This provision determined the applicable ( effect of) scope of the Criminal Law based on the nationality of the criminal , which reflects the personal principle.
For example if someone commit a serious crime like murdering in the US (which can be sentece to death in China as highest punishment), when he finish his prison time in the US and back into China, he is still possible to be punished by China’s law. It is possible, but not necessarily the case. He may need to consult a lawyer in China for more information.
2) The effective of the Criminal Law to any foreigner who commits a crime outside the territory of China.
The Criminal Law of China shall be applicable to any foreigner who commits a crime outside the territory and territorial waters and space of the People’s Republicof China against the State of the People’s Republic of China or against any of 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 is not punishable according to the laws of the place where it is committed. This provision reflects the protective principle.
This provision determined the applicable ( effect of) scope of the Criminal Law based on the damage to the interest of our state or the citizens , which reflects the security principle ( to the country ) or the protective principle ( to the citizens of our country).
3) The effective of the Criminal Law to any international crime.
The Criminal Law of China shall be applicable to crimes which are stipulated in international treaties concluded or acceded to by the People’s Republic of China and over which the People’s Republic of China exercises criminal jurisdiction within the scope of obligations , prescribed in these treaties , it agrees to perform. Notwith standing such crimes are not committed in the territory of China and have no damage to the country and the citizens , or the criminal does not have Chinese nationality , our judicial organs still have jurisdiction over such case , which shall either be applicable to the Criminal Law of China to sentence and convict crimes and penalties , or carry out the extradition ( or prosecution or extradition ) in accordance withthe international treaties concluded or acceded to by our country.
This provision determines the applicable ( effect of) scope of the Criminal Law to the international crimes in accordance with the international treaties and is not restricted by the place where a crime committed , the victim of a crime or the nationality of the criminal , which reflects principle of universal jurisdiction or the global principle.
The principle of universal jurisdiction has the nature of complement. From the respective of the domestic law , comparing with the traditional principles of universal jurisdiction of territoriality , person and protection , the principle of universal jurisdiction only plays a supplementary role. The principle of universal jurisdiction shall not be applicable to certain crime in the event that the effectiveness of the Criminal Law may be determined by the traditional principles of universal jurisdiction of territoriality , person and protection.