Article 42 Jurisdiction

Geldend

Documentgegevens:

Geldend vanaf 14-12-2005

Bronpublicatie:: 31-10-2003, Trb. 2004, 11 (uitgifte: 23-01-2004, kamerstukken/regelingnummer: -)
Inwerkingtreding: 14-12-2005
Bronpublicatie inwerkingtreding:: 18-10-2005, Trb. 2005, 244 (uitgifte: 18-10-2005, kamerstukken/regelingnummer: -)
Vakgebied(en): Internationaal strafrecht / Bijzondere onderwerpen
Internationaal publiekrecht / Bijzondere onderwerpen

1.

Each State Party shall adopt such measures as may be necessary to establish its jurisdiction over the offences established in accordance with this Convention when:

a): The offence is committed in the territory of that State Party; or
b): The offence is committed on board a vessel that is flying the flag of that State Party or an aircraft that is registered under the laws of that State Party at the time that the offence is committed.

2.

Subject to article 4 of this Convention, a State Party may also establish its jurisdiction over any such offence when:

a): The offence is committed against a national of that State Party; or
b): The offence is committed by a national of that State Party or a stateless person who has his or her habitual residence in its territory; or
c): The offence is one of those established in accordance with article 23, paragraph 1b) (ii), of this Convention and is committed outside its territory with a view to the commission of an offence established in accordance with article 23, paragraph 1a) (i) or (ii) or b) (i), of this Convention within its territory; or
d): The offence is committed against the State Party.

3.

For the purposes of article 44 of this Convention, each State Party shall take such measures as may be necessary to establish its jurisdiction over the offences established in accordance with this Convention when the alleged offender is present in its territory and it does not extradite such person solely on the ground that he or she is one of its nationals.

4.

Each State Party may also take such measures as may be necessary to establish its jurisdiction over the offences established in accordance with this Convention when the alleged offender is present in its territory and it does not extradite him or her.

5.

If a State Party exercising its jurisdiction under paragraph 1 or 2 of this article has been notified, or has otherwise learned, that any other States Parties are conducting an investigation, prosecution or judicial proceeding in respect of the same conduct, the competent authorities of those States Parties shall, as appropriate, consult one another with a view to coordinating their actions.

6.

Without prejudice to norms of general international law, this Convention shall not exclude the exercise of any criminal jurisdiction established by a State Party in accordance with its domestic law.