Foreign women stay in China to get married and have children after illegal entry? Let's see how the Wuyuan court ruled!

Sneaking across the border? The court so ruled...

Recently, the Wuyuan County People's Court sentenced defendant A to two months' detention, suspended for three months, and fined him RMB3,000 for the crime of sneaking across the national (border) border. This case is the first foreign-related case concluded by the Jiangxi Provincial Judicial Organs after the court downgraded its jurisdiction over foreigners' crimes in April this year.

The procuratorate alleged that A was a Cambodian woman, and one day in February 2018, defendant A illegally entered China from Cambodia without valid entry and exit documents, lived with Wang in the name of husband and wife, and had children. One day in August 2019, A illegally left the border between China and Vietnam due to an affair at home in Cambodia and did not go through the exit procedures. On March 24, 2020, A applied for a visa from Cambodia to China, and has been living in Wuyuan ever since.

After the case was accepted, the Wuyuan court formed a collegial panel in accordance with law, and in strict accordance with the provisions of the law, reported the time of filing, hearing, and pronouncing judgments and relevant judgment documents to the provincial high court one by one. At the same time, he actively contacted the Cambodian Embassy in China to notify and mail litigation documents and other materials; informed defendant A that he had the right to notify the Cambodian Embassy in China and the Cambodian Embassy in China to visit officials, hire professional translators, and entrust defenders. In addition, the court designates a defense lawyer for A in accordance with the law, fully protecting his procedural rights. The entire trial process strictly follows the provisions of the Criminal Procedure Law, is open, transparent, standardized and orderly, and fully demonstrates the basic principle of equality before the law.

At trial, the court held that defendant A violated the laws and regulations on the management of the national (border) border and illegally crossed the national (border) border, the circumstances were serious, and his conduct had constituted the crime of illegally crossing the national (border) border. Defendant A, who voluntarily appears in the case by telephone summons and truthfully confesses the facts of the crime, may be deemed to have surrendered voluntarily, and if he admits guilt and accepts punishment, he may be given a lenient punishment. The procuratorial organ's sentencing recommendation for A was appropriate, and the court adopted it, so it made the above judgment in accordance with law. A said that he would not appeal if he served the judgment, and said that he would actively handle the formal marriage procedures, strictly abide by Chinese laws and regulations, and be a person who understands the law and abides by the law.

Link to the law: Article 322 of the Criminal Law of the People's Republic of China [Crime of Illegally Crossing the National (Border) Border] Whoever violates the laws and regulations on the management of the national (border) border and illegally crosses the national (border) border, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than one year, criminal detention or public surveillance, and shall also be fined; Whoever, for the purpose of participating in a terrorist organization, receiving training in terrorist activities or carrying out terrorist activities, illegally crosses the national (border) border shall be sentenced to fixed-term imprisonment of not less than one year but not more than three years and shall also be fined.

Source: Shangrao Court Network