Explain "border control" in detail: Can people not be "restricted from leaving the country" when they are abroad?

One day yesterday, the news that Sun Yuchen, the founder of Tron, was "controlled by the border" caused a shock in the currency circle.

According to a Caixin report, Justin Sun has been prosecuted by the border, and the Mutual Fund Rectification Office has suggested that the public security organs file a case against him. According to Sina Finance, Justin Sun was not on the regulatory agency’s watch list before, but because of his relationship with Buffett and continued hype, he entered the regulatory agency’s field of vision.

According to Odaily, Justin Sun broadcast live in the United States in the early hours of this morning, so it can be seen that Yuchen Sun himself is abroad. For a while, some users thought that since Justin Sun was abroad, it was impossible to be restricted from leaving the country.

If the restricted subjects are in the country, they will be restricted from leaving the country; if they are abroad, they may be subject to corresponding measures when entering the country. In layman's terms, being "border controlled" more accurately means entering the restricted exit list of relevant departments, which has nothing to do with where the subject is located, and does not conflict with the fact that the person is abroad.

"Border control" refers to border control. It is to prevent the foreigners or Chinese citizens involved in the case from evading the legal responsibility of the judiciary by taking the opportunity to leave the country, and causing heavy losses to the state, collective or personal property in the country. It is a kind of security measure to restrict the exit of the country at the border port of the country.

Restricted subjects include Chinese citizens and foreigners (people without Chinese nationality). Relevant departments can implement "border control" as long as they find that there are basic facts or reasons for suspected crimes, and they do not need to file a case. For example, receiving a report, having certain internal clues and evidence. According to Xiao Sa, a partner of Beijing Dacheng Law Firm, the reason for restricting exit is not simple, and it does not necessarily involve crime.

If the restricted subjects are in the country, they will be restricted from leaving the country; if they are abroad, they may be subject to corresponding measures when entering the country. In layman's terms, being "border controlled" more accurately means entering the restricted exit list of relevant departments, which has nothing to do with where the subject is located, and does not conflict with the fact that the person is abroad.

In addition, during the period of restricted exit, under normal circumstances, the freedom of activities of the accused person in the country is not restricted. After imposing measures such as detaining passports and restricting exits to parties holding foreign passports, they must report to the higher-level people's court within 48 hours, and at the same time report to the foreign affairs office of the people's government at the same level. When deciding to restrict exit, after detaining the passport, the foreign embassy or consulate can be notified if necessary that the passport of the foreign party has been detained by the court, so as to prevent the detained person from going to the embassy or consulate to apply for a replacement passport on the grounds of losing the passport, resulting in forced Measures fell through.

And the border control has a certain period. According to the "Several Regulations on Restricting the Exit of Foreigners and Chinese Citizens According to the Law", for the border control objects that need to grasp the entry and exit dynamics, the control period shall not exceed one year. For border control objects that require other control measures, the control period is generally 1 month, and the longest period shall not exceed 3 months. This year, the first border control took more than six months. If the criminal, civil and other violations of laws and regulations involved have not been concluded, the border control can be continued after the relevant application and approval procedures, and the border control can be continued for several times until the criminal, civil and other violations of laws and regulations involved are resolved and the crimes committed The discharge of suspicion or the expiration of the sentence or the expiration of the secrets held. If the continued control is not carried out, the border control will be cancelled.

However, for Chinese citizens living abroad, "border control" really has no way to actually restrain them.

According to the relevant legal personage, it cannot be bound across borders. He has to wait until the next time he enters China before he will be subject to review by the regulatory authorities and restrictions on his re-exit.

At the same time, the restricted subject cannot be forcibly escorted back to the country. If there is no conclusive charge to formally enter the judicial process, both the party concerned and the country where he is currently located can choose not to cooperate with the investigation of the Chinese judicial authorities. During the investigation process, there is no way to limit the unity of the judicial organs and the parties in terms of the objects of investigation and the location and time of the personnel handling the case.

Unless the Ministry of Public Security assigns Interpol to go abroad, negotiate with the local police, and the local police will take coercive measures against the object of investigation. At present, this situation is unlikely to be possible for the time being, and it needs to see the further development of follow-up events. However, with the in-depth investigation and development of related cases, the situation may change at any time.