Provisions of criminal laws

Situation where “deportation” is applied

Deportation is a penalty provided in the Criminal Law only applied to a foreigner who commits a crime, and it refers forcing a foreigner who has committed a crime to leave the territory of China to eliminate the possibility of continuing committing crimes within the territory of China.

Deportation is applicable only to foreign citizens and stateless citizens who are without the nationality of China but commit crimes within the territory and territorial waters and space of the People’s Republic of China.

Deportation may be either applied or not applied to a foreigner who commits a crime, and it should be decided according to the circumstances of the crime and diplomacy. There are two ways to apply deportation to a foreigner who commits a crime: One is that it is applied independently. For foreigners who commit a crime with a light circumstance, there is no need to render principal punishments, and deportation may be rendered alone. The other is that it is attached. For foreigners who commit a crime with serious nature, the principal punishments or other supplementary punishments are rendered and deportation may be applied after the completion of the principal punishments.