Einde inhoudsopgave
Protocol To Eliminate Illicit Trade In Tobacco Products
Article 26 Jurisdiction
Geldend
Geldend vanaf 25-09-2018
- Bronpublicatie:
12-11-2012, Trb. 2014, 155 (uitgifte: 14-08-2014, kamerstukken/regelingnummer: -)
- Inwerkingtreding
25-09-2018
- Bronpublicatie inwerkingtreding:
03-08-2020, Trb. 2020, 74 (uitgifte: 03-08-2020, kamerstukken/regelingnummer: -)
- Vakgebied(en)
Internationaal publiekrecht / Rechtshandhaving
Internationaal publiekrecht / Bijzondere onderwerpen
Internationaal strafrecht / Justitiële en politionele samenwerking
1.
Each Party shall adopt such measures as may be necessary to establish its jurisdiction over the criminal offences established in accordance with Article 14 when:
- a)
the offence is committed in the territory of that Party; or
- b)
the offence is committed on board a vessel that is flying the flag of that Party or an aircraft that is registered under the laws of that Party at the time that the offence is committed.
2.
Subject to Article 25, a Party may also establish its jurisdiction over any such criminal offence when:
- a)
the offence is committed against that Party;
- b)
the offence is committed by a national of that Party or a stateless person who has his or her habitual residence on its territory; or
- c)
the offence is one of those established in accordance with Article 14 and is committed outside its territory with a view to the commission of an offence established in accordance with Article 14 within its territory.
3.
For the purposes of Article 30, each Party shall adopt such measures as may be necessary to establish its jurisdiction over the criminal offences established in accordance with Article 14 when the alleged offender is present on its territory and it does not extradite such person solely on the ground that he or she is one of its nationals.
4.
Each Party may also adopt such measures as may be necessary to establish its jurisdiction over the criminal offences established in accordance with Article 14 when the alleged offender is present on its territory and it does not extradite him or her.
5.
If a Party exercising its jurisdiction under paragraph 1 or 2 has been notified, or has otherwise learnt, that one or more other Parties are conducting an investigation, prosecution or judicial proceeding in respect of the same conduct, the competent authorities of those Parties shall, as appropriate, consult one another with a view to coordinating their actions.
6.
Without prejudice to norms of general international law, this Protocol does not exclude the exercise of any criminal jurisdiction established by a Party in accordance with its domestic law.