Territorial jurisdiction - national proceedings

Portugal

Law No. 144/99, of 31 August, on International Judicial Cooperation in Criminal Matters

Part III
Transfer of criminal proceedings

CHAPTER I
Delegation of competence in criminal proceedings in favour of the Portuguese judicial authorities


Article 80
Specific requirements

3. The provisions of the preceding paragraphs shall have no effect if the criminal reaction on the grounds of which the request was made already falls under the jurisdiction of the Portuguese courts by virtue of any other legal provision concerning the territorial jurisdiction of Portuguese courts.

Part III
Transfer of criminal proceedings

CHAPTER I
Delegation of competence in criminal proceedings in favour of the Portuguese judicial authorities

Article 80
Specific requirements

3. The provisions of the preceding paragraphs shall have no effect if the criminal reaction on the grounds of which the request was made already falls under the jurisdiction of the Portuguese courts by virtue of any other legal provision concerning the territorial jurisdiction of Portuguese courts.

The Portuguese Penal Code General Part (Articles 1-130)

BOOK I-GENERAL PART

TITLE I-THE CRIMINAL LAW

SINGLE CHAPTER-GENERAL PRINCIPLES

Article 4
Territorial applicability. General Principle.

Except when it is contrary to international treaties or conventions, Portuguese penal law is applicable to acts committed:
a) In Portuguese territory, regardless of the nationality of the agent; or
b) On board of Portuguese ships or aircrafts.

BOOK I-GENERAL PART

TITLE I-THE CRIMINAL LAW

SINGLE CHAPTER-GENERAL PRINCIPLES

Article 7
Place of the commission of act

1- An act is considered as committed, as well in the place where, totally or partially, under whatever form of complicity, the agent has acted, or, in case of omission, should have acted, as in the place where the typical result, or the result not included in the type of the crime, has been produced.
2- In case of attempt, the act is equally considered as having been perpetrated in the place where, according to the representation of the agent, the result should have been produced.

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;