Both countries have jurisdiction. Generally, the trial is conducted locally and local laws are applied. If the circumstances of the crime are minor, if it is less than three years, it will only be tried in the place where the case occurred, and if it is prosecuted after returning to China for more than three years, but it has been punished abroad, the punishment may be exempted or mitigated.

China people who commit crimes abroad are subject to the criminal law of China, but the maximum sentence is fixed-term imprisonment of less than three years.

According to the provisions of Article 7 of the Criminal Law, this law is applicable to China citizens who commit crimes stipulated in this law outside the territory of People's Republic of China (PRC). However, if the maximum penalty prescribed in this law is fixed-term imprisonment of not more than three years, it shall not be investigated.

Article 10 stipulates that anyone who commits a crime outside the territory of People's Republic of China (PRC) and should bear criminal responsibility according to this law can still be investigated according to this law, although he has been tried in a foreign country. However, those who have been punished in foreign countries may be exempted or mitigated.

Basic principles to be followed in dealing with transnational crimes

The basic principles to be followed in dealing with transnational crimes mainly include the principle of safeguarding national sovereignty, the principle of equality, the principle of reciprocity, the principle of observing international treaties and international practices, and the principle of judicial immunity. According to the law, transnational crime refers to criminal acts and criminal transactions that violate the laws of more than one country.

I hope the above content can help you. Please consult a professional lawyer if you have any other questions.

Legal basis: Article 7 of the Criminal Law of People's Republic of China (PRC) * * * This law applies to People's Republic of China (PRC) citizens who commit crimes stipulated in this law outside the territory of People's Republic of China (PRC). However, if the maximum penalty stipulated in this law is fixed-term imprisonment of not more than three years, they may not be investigated. This Law shall apply to state functionaries and servicemen of People's Republic of China (PRC) who commit crimes stipulated in this Law outside the territory of People's Republic of China (PRC).