Territorial jurisdiction - national proceedings

Afghanistan

Afghanistan - Criminal Code 1976 (2017) EN

Chapter 1 General Principles and Definitions

Article 11

Application to Persons Who Are Not Subjects of Afghanistan

Persons who are not subjects of Afghanistan but are residing or staying in Afghanistan shall be considered as subjects of Afghanistan for the purposes of this law, unless otherwise specified in the law.

Afghanistan - Criminal Procedure Code 2014 EN

Section 3 Trial

Chapter 1 Authority of the Courts in Proceeding with Criminal Cases

Territorial Jurisdiction

Article 179:

(1) The authorized court to hear a case shall be the court located in the area where the crime has occurred, where the accused person has been arrested, or where he lives.

(2) In attempt crimes, the authorized court shall be the one within whose territorial jurisdiction the last act of the attempted crime has taken place.

(3) In case of continuing crimes, the location where the crime has ended and in case of addiction crimes, the location where the act resulting in addiction of crime has occurred shall be considered the location of crime.

(4) The Supreme Court may transfer authority for hearing a case from the authorized court to another court in cases where the security situation or other legal necessity requires and the relevant persons or Attorney General suggest the transfer to the Supreme Court. In such case, the assigned court shall be considered the authorized court.

(5) In cases where the law has foreseen processing of the case by a special court, the court stated in the special law shall be the considered as the competent court.

Rome Statute

Article 12 Preconditions to the exercise of jurisdiction

2. In the case of article 13, paragraph (a) or (c), the Court may exercise its jurisdiction if one or more of the following States are Parties to this Statute or have accepted the jurisdiction of the Court in accordance with paragraph 3:

(a) The State on the territory of which the conduct in question occurred or, if the crime was committed on board a vessel or aircraft, the State of registration of that vessel or aircraft;