Practice Relating to Rule 100. Fair Trial Guarantees
Section N. Non bis in idem
China’s Criminal Law (1979), as amended in 1997, states:
Any person who commits a crime outside the territory and territorial waters and space of the People's Republic of China, for which according to this Law he should bear criminal responsibility, may still be investigated for his criminal responsibility according to this Law, even if he has already been tried in a foreign country. However, if he has already received criminal punishment in the foreign country, he may be exempted from punishment or given a mitigated punishment.
China’s Extradition Law (2000) states:
The request for extradition made by a foreign state to the People’s Republic of China shall be rejected if:
(2) at the time the request is received, the judicial organ of the People’s Republic of China has rendered an effective judgment or terminated the criminal proceedings in respect of the offence indicated in the request for extradition.