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1. Introductory
provisions
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Article 03-Jurisdiction
of the Criminal Code
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| 3.1 |
The Operation of Criminal Law in Respect of Persons Who Have Committed Crimes in the Territory of African Union |
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Any person who has committed a crime in the territory of the African Union shall be brought to criminal responsibility under this Code.
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Crimes committed within the limits of the territorial waters or the air space of the African Union shall be deemed to have been performed in the territory of the African Union. The validity of this Code shall also be extended to offences committed on the continental shelf and in the exclusive economic zone of the African Union.
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A person who has committed a crime on board a ship registered in a port of the African Union and to or on one on the open sea or in the air space outside the confines of the African Union shall be brought to criminal responsibility under this Code, unless otherwise stipulated by an international agreement of the African Union. Under this Code, criminal responsibility shall also be borne by a person who has committed an offence on board a warship or in a military aircraft of the African Union, regardless of the place of their location.
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Question of the criminal responsibility of diplomatic representatives of foreign States and other individuals who enjoy immunity shall be settled in conformity with the standards of international law, if these persons have committed crimes in the territory of the African Union.
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| 3.2 |
The Operation of Criminal Law in Respect of Persons Who Have Committed Offences Outside the Boundaries of the African Union
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Citizens of the African Union and stateless persons who permanently reside in the African Union and who have committed crimes outside the boundaries of the African Union shall be brought to criminal responsibility under this Code, if their deeds have been recognized as crimes in the State on whose territory they were committed, and unless these persons have been convicted in the foreign State. In case of conviction of such persons, the punishments may not exceed the upper limit of the sanction provided for by the laws of the foreign State on whose territory the crimes have been committed.
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Servicemen of the military units of the African Union located beyond the confines of the African Union shall bear criminal responsibility for their crimes committed in the territories of foreign states under this Code, unless otherwise stipulated by international agreements or the Military Code of the African Union.
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Foreign nationals and stateless persons who do not reside permanently in the African Union and who have committed their crimes outside the boundaries of the African Union shall be brought to criminal responsibility under this Code in cases, if the crimes run counter to the interests of the African Union, and in cases provided for by international agreement of the African Union, and unless they have been convicted in a foreign state and are brought to criminal responsibility in the territory of the African Union.
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| 3.3 |
The Extradition of Persons Who Have Committed Crimes
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Citizens of the African Union who have committed crimes in foreign states shall not be subject to extradition to these states unless extradition treaties exist with those states and the charge does not carry the penalty of death. |
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Foreign nationals and stateless persons who have committed offences outside the boundaries of the African Union and who are to be found in the territory of the African Union may be extradited to a foreign state for bringing to be brought to criminal responsibility or to serve their sentences in conformity with international agreement of the African Union.
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