The main perpetrator of the murder and sacrifice case in northern Myanmar clamors for "Chinese law to punish me": Interpretation of cross-border homicide jurisdiction and death penalty application by lawyers

Lead

The series of cases involving the Myanmar North Electric Fraud Park continues to attract social attention. According to media reports, the main perpetrator of a certain electronic fraud gang was arrogant during interrogation after being arrested, openly claiming to "let China's laws punish me". This seemingly "tough" statement actually exposes its serious misjudgment of transnational criminal jurisdiction. From a legal perspective, this case involves jurisdiction over transnational criminal cases, judicial cooperation between China and Myanmar, the composition and application of the death penalty for intentional homicide, and the issue of combined punishment for related crimes such as organizing illegal border crossings. For the general public, this case is also a rule of law lesson about 'overseas is not a lawless place'.

1、 Northern Myanmar is not an lawless place: How Chinese criminal law regulates crimes committed abroad

Many people's first reaction is: Can Chinese courts handle criminal acts that occur in Myanmar? The answer is affirmative.

Article 7 of the Criminal Law of the People's Republic of China stipulates the principle of personal jurisdiction: if Chinese citizens commit crimes stipulated in this Law outside the territory of the People's Republic of China, this Law shall apply. Article 6 stipulates the extension of the principle of territorial jurisdiction - if a criminal act or result occurs within the territory of the People's Republic of China, it shall be deemed as a crime within the territory of the People's Republic of China. Article 8 stipulates the principle of protective jurisdiction: If a foreigner commits a crime against the state or citizens of the People's Republic of China outside the territory of the People's Republic of China, and the minimum sentence prescribed by this Law is imprisonment for more than three years, this Law may be applied.

Specifically, in the case of the Myanmar North Electric Fraud Park, the victims are mostly Chinese citizens, and the core members of the criminal gang are also mostly Chinese nationals. This means that Chinese judicial authorities have jurisdiction over both personal jurisdiction and protective jurisdiction. In practice, the Chinese police, through police cooperation with Myanmar, captured and escorted suspect back to China, which is the specific implementation of the above jurisdiction.

In legal practice, jurisdictional disputes in such cases are often not about whether they can be managed, but about where they should be managed. The Interpretation of the Supreme People's Court on the Application of the Criminal Procedure Law of the People's Republic of China has specific provisions on the jurisdiction of transnational crimes, which are usually under the jurisdiction of the court of the main crime location or the defendant's place of entry. For cases in northern Myanmar, there have been numerous precedents in courts such as Yunnan.

2、 What crime is involved in killing and worshipping the heavens? Analysis of the Composition and Sentencing of Intentional Murder

The act of "killing and worshiping the heavens" mentioned in media reports directly points to the crime of intentional homicide under Article 232 of the Criminal Law in legal terms. This provision stipulates that those who intentionally commit murder shall be sentenced to death, life imprisonment, or imprisonment for more than ten years; Those with minor circumstances shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years.

From the perspective of criminal composition, the crime of intentional homicide requires the perpetrator to subjectively have the intention of illegally depriving others of their lives and objectively commit acts that are sufficient to cause death. The murder and injury cases that occur in the northern Myanmar fraud zone are often accompanied by extortion, coercion, organizational control, and other serious circumstances.

It is worth noting that the distinction between principal and accomplice in such cases is crucial. According to Articles 26 and 27 of the Criminal Law, those who organize or lead criminal groups to engage in criminal activities or play a major role in joint crimes are the principal offenders; Those who play a secondary or auxiliary role are accomplices. For the principal offender, they shall be punished according to all the crimes they have participated in, organized, or commanded. This means that even if the perpetrator did not directly commit murder, as long as they organized, directed, or tacitly approved the killing, they may still be considered as the perpetrator of intentional homicide.

At the sentencing level, the Supreme People's Court's "Guiding Opinions on Sentencing for Common Crimes" and criminal trial reference cases show that those who organize and commit serious violent crimes overseas, with particularly cruel means and serious consequences, should be severely punished according to law. Although the application of the death penalty is subject to the policy of "less killing and cautious killing", for extremely serious criminals, the death penalty can still be imposed in accordance with the law.

3、 Combined punishment for multiple crimes: the principal offender may face multiple criminal charges

The main culprit of the Myanmar North Electric Fraud Park is not facing a single charge. According to current public reports and judicial practice, such cases typically involve the following charges:

**Intentional homicide (Article 232 of the Criminal Law): If the act of "killing and worshiping the heavens" is verified to be true, the maximum penalty is the death penalty.

**The crime of organizing, leading and participating in criminal organization * * (Article 294 of the Criminal Law): If a relatively stable criminal organization is formed in the blackmail park, there are clear organizers and leaders, who obtain economic benefits through illegal crimes, and carry out illegal and criminal activities in an organized way for many times by means of violence, threats, etc., it may be identified as a criminal organization.

**Organizing others to illegally cross the national border (Article 318 of the Criminal Law): Whoever organizes or transports others to illegally cross the national border shall be sentenced to fixed-term imprisonment of not less than two years but not more than seven years and shall also be fined; Those with particularly serious circumstances shall be sentenced to fixed-term imprisonment of not less than seven years or life imprisonment.

**Fraud crime (Article 266 of the Criminal Law): Electronic fraud itself constitutes the crime of fraud, and according to the amount and circumstances of the fraud, the maximum sentence is life imprisonment.

**The crimes of illegal detention and intentional injury (Article 238 and Article 234 of the Criminal Law): If a person illegally detains or assaults a person under control in the park, it shall constitute a separate crime.

According to Article 69 of the Criminal Law, if a person commits multiple crimes before the judgment is announced, except for those sentenced to death or life imprisonment, the sentence to be executed shall be determined at the discretion of the court within the total sentence and above the highest sentence among the several sentences. This means that if the principal offender is sentenced to death, the death penalty will be directly carried out, and the combined sentences for multiple crimes will no longer be imposed; If not sentenced to death, the sentences for various charges may be combined and executed, up to a maximum of 25 years or even longer.

4、 China Myanmar judicial cooperation and cross-border fugitive pursuit: practical observation from the perspective of lawyers

The investigation of cases in northern Myanmar and the arrest of suspects are driven by the continuous efforts of China and Myanmar in police cooperation and judicial assistance. Although no special extradition treaty has been signed between China and Myanmar, the transfer of suspect can still be achieved through border police cooperation, Interpol red notification and other channels.

From the perspective of lawyer defense, there are several key points in the procedure of such cases: firstly, jurisdictional objections. Some defendants may claim that their actions occurred overseas and that Chinese courts have no jurisdiction, but as mentioned earlier, this claim is difficult to establish in law; The second is the review of the legality of evidence. Evidence obtained from overseas needs to be transformed through legal procedures before it can be used as a basis for determining the case; The third aspect is the exploration of sentencing circumstances, such as whether the defendant has voluntarily surrendered, performed meritorious deeds, confessed, returned stolen goods and compensation, or received forgiveness from the victim, among other mitigating circumstances.

For victims and their families, in addition to criminal prosecution, they can also consider filing a criminal incidental civil lawsuit to claim compensation for material losses such as funeral expenses, living expenses of dependents, and death compensation. According to Article 101 of the Criminal Procedure Law, if the victim suffers material losses due to the defendant's criminal behavior, they have the right to file an incidental civil lawsuit during the criminal proceedings.

5、 Legal insights for ordinary people: criminal risks behind high paying overseas recruitment

The biggest warning to society from the Myanmar North Electric Fraud Park case is the potential criminal risks hidden behind "high paying overseas recruitment". Many people who were lured to northern Myanmar were initially deceived out of the country with false recruitment information such as "monthly income over ten thousand" and "food and accommodation included". Upon arrival, they were immediately released and forced to participate in fraudulent activities.

From a legal perspective, even if one is coerced into participating in fraud, they may still face criminal responsibility. However, Article 28 of the Criminal Law stipulates that for those who are coerced into participating in crimes, their punishment should be reduced or exempted according to their criminal circumstances. Therefore, once one discovers that they have been deceived into engaging in illegal and criminal activities overseas, they should seek help from the local police or Chinese embassies and consulates as soon as possible, retain relevant evidence, and strive to be identified as accomplices under duress.

For enterprises, this case also reminds them to strictly abide by the laws and regulations of China and target countries in cross-border employment and overseas business expansion, in order to avoid being involved in criminal risks due to improper employment or business model violations.

Guangdong Zhiming Law Firm has long focused on cross-border criminal cases, telecommunications fraud related crimes, and corporate criminal compliance. We can provide full process legal services for clients, from criminal defense, victim representation to corporate compliance system construction. If you or your company are facing similar legal issues, it is recommended to consult a professional lawyer as soon as possible to protect your legitimate rights and interests in accordance with the law.