قاعدة بيانات التشريعات

Application of the Criminal Law

1. Offences within Republic

(1) The criminal law of the Republic shall apply to any act done or omitted within its territory.

(2) For the purposes of this Code, the territory of the Republic shall include its territorial waters and the airspace above the territory and waters, and all civil vessels and aircraft registered in the Republic:

Provided that no person aboard a foreign civil vessel or aircraft may be tried for an offence committed on board such vessel or aircraft within the territory of the Republic if the Public Prosecutor is satisfied that the offence may be dealt with fairly and in a manner not contrary to public policy in the Republic under the foreign law or regulations governing such vessel or aircraft.

2. Offences partly or wholly abroad
The criminal law of the Republic shall apply –

(a) to any offence of which an element has taken place within the territory of the Republic;

(b) to any offence against the external security of the Republic or of counterfeiting the current money of the Republic, wherever committed:

Provided that no alien may be tried for an offence against the criminal law of the Republic solely by virtue of this section unless he has been arrested within the territory of the Republic or has been extradited to it.

3. Complicity and attempts
The criminal law of the Republic shall apply –

(a) to any act or omission within the territory of the Republic constituting complicity or attempt in relation to an offence against the criminal law of the Republic beyond such territory which is also an offence punishable by the law of the place in which it is or is intended to be committed;

(b) to any such act or omission beyond its territory in relation to an offence or intended offence within its territory.

4. Offences abroad
(1) Any citizen may be prosecuted within the Republic for an offence against the criminal law of the Republic in respect of any act or omission committed by him beyond the Republic which had it been committed within the Republic would have constituted an offence against such law, if such act or omission constituted a corresponding offence under the law of the place where it was committed.
(2) The penalty imposed upon conviction of a person under subsection (1) shall not be more severe than the corresponding penalty prescribed by the law of the place in which the act or omission was committed.
(3) Subsection (1) shall not apply if such person has been prosecuted in respect of such act or omission in the place in which it was committed, whatever the result of such prosecution.
(4) No criminal proceedings shall be brought against any person under the provisions of subsection (1) without the consent in writing of the Public Prosecutor.

5. International offences
(1) The criminal law of the Republic shall apply to piracy, hijacking of aircraft, traffic in persons, slave trading and traffic in narcotics committed within or beyond the territory of the Republic.
(2) No alien may be tried in the Republic for such an offence committed abroad unless he has been arrested in the Republic and his extradition has not been applied for, and the Public Prosecutor has consented in writing to his prosecution.