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 Book I - Title I
 Article 6-9
 Single Chapter

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

    Article 6

    Place of commission of the act

    An act is considered to have been committed in the place where, by any means, the action or omission occurred, wholly or in part, as well in wherever the typical result has or should have been caused.

    Article 7

    Principle of territorial applicability

    Except as otherwise provided in international treaties and conventions, and regardless of the nationality of the perpetrator, Timorese criminal law is applicable to crimes committed in the territory of Timor-Leste and aboard vessels and aircraft with Timorese registration or under Timorese flag.

    Article 8

    Crimes committed outside national territory

    Except as otherwise provided in treaties and conventions, Timorese criminal law is applicable to acts committed outside of the national territory of Timor-Leste in the following cases:

    a) They constitute crimes provided for in articles 196 to 206, 229 to 242 and 307 to 313;

    b) They constitute crimes described in articles 123 to 135, 161 to 169 and 175 to 178, as long as the perpetrator is found in Timor-Leste and cannot be extradited or a decision has been made not to do so;

    c) They are committed against Timorese nationals, so long as the perpetrator normally lives and is found in Timor-Leste;

    d) They are committed by Timorese or foreigners against Timorese nationals, so long as the perpetrator is found in Timor-Leste, the acts are equally punishable by the legislation of the place in which the acts were committed and they constitute a crime which allows for extradition and it cannot, in the particular case, be granted;

    e) They refer to crimes that the Timorese State has an obligation to try pursuant to any international convention or treaty.

    Article 9

    Restrictions on application of Timorese law

    1. The application of Timorese criminal law to acts perpetrated abroad only occurs when the perpetrator has not been tried with a final decision rendered in the place where the act was committed, or when the perpetrator has wholly or partially evaded execution of the sentence.

    2. Though Timorese criminal law may be applied under the terms of the previous subarticle, the act shall be tried according to the law of the country where the act was committed whenever this is more lenient to the perpetrator.

    3. In the cases referred to in the previous subarticle, the applicable punishment is converted to that which corresponds to the Timorese system or, if there is no direct correspondence, to that which the Timorese law provides for said act.

    4. In the event the perpetrator is tried in Timor-Leste and has been previously tried in the place where the act was committed, the sentence already served outside of Timor-Leste shall be taken into consideration.

    5. The provisions described in subarticle 2 are not applicable to crimes identified in lines a) and b) of previous article.

     
     

    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)
        • 在悬挂其国旗的船舶/船只上
        • 在根据其法律注册的航空器内
        • 普遍管辖权(对被控犯有严重国际罪行例如海盗行为、战争罪、严重违犯《日内瓦四公约》的任何人确立的管辖权)
        • 被动国籍原则(在其领域外对其国民实施的犯罪)
        • 主动国籍原则(本国国民在其领域外实施的犯罪)