立法数据库

 Article 5-6

UNTOC 文献

  • 有组织犯罪公约

  • 第15: 条 管辖权
  • 贩运人口议定书

  • 偷运移民议定书

  • 枪支议定书

     

    原始案文

    Art. 5 (Dutch citizens outside the Netherlands)

    1. Dutch criminal legislation applies to a Dutch citizen who is found guilty outside of the Netherlands of:

    1st: one of the crimes described in Chapters I and II of the Second Book and in articles 197a, 197b, 197c, 206, 237, 272, 273, 388 and 389;

    2nd: a crime that is considered an offence in Dutch criminal legislation and which is punishable in the country where it was committed.

    2. Prosecution can also take place if the suspect only becomes a Dutch citizen after having committed the crime (Penal Code [Sr] 8; Code of Criminal Procedure [Sv] 2 v;UW 4).


    Art. 6 (Offences by civil servants outside of the Netherlands)

    Dutch criminal legislation applies to:

    1st: A Dutch civil servant who, outside of the Netherlands, is guilty of one of the offences described in Chapter XXVIII of the Second Book;

    2nd: A person in public service of an organisation subject to international law that is situated in the Netherlands, who is found guilty outside of the Netherlands of one of the offences described in articles 362 to and incl. 364a (Sr 8, 84, 355v; Sv 5).

     
     

    交叉问题

    • 管辖权

      • • 属地原则(在一国领域上实施的犯罪,即使罪犯是外国公民)
        • 主动国籍原则(本国国民在其领域外实施的犯罪)
     

    附件