Valstybių tarptautinio teisinio bendradarbiavimo problemos perduodant baudžiamąjį persekiojimą.
When an offence assumes an international aspect, it is possible to encounter with a natural phenomenon – a conflict between jurisdictions of the countries. An international aspect of an offence may be seen in several cases. First of all, under the principle of territory (in this case different rules for definition of an offence may be used) a number of countries may enforce their jurisdiction for the one and the same offence. Secondly, when an offence is committed in the territory of some country by a foreign national or a person without the citizenship, but permanently living in that country. Thirdly, when an offence is carried out against another country, or its citizens or institutions. Fourthly, when an international crime or crime of an international character is perpetrated. Finally, when partners, acting in foreign countries were involved in the offence committed within the territory of a specific country. In the presence of at least one of the above–mentioned situations, different countries may claim to enforce its criminal jurisdiction for the same offence. It is obvious, that in such a situation the question is, whether it is possible to solve the problem so that the perpetrator of the same offence would not be prosecuted for several times and the criminal proceeding itself would become more effective?
- Straipsniai / Articles