Passive personality jurisdiction

Spain

Organic Law No. 6/1985 on the Judicial Power on the 1985 (2007)

VOLUME I
THE EXTENSION AND LIMITS OF JURISDICTION AND THE STAFFING AND ORGANISATION OF THE COURTS AND TRIBUNALS

TITLE I
The extension and limits of jurisdiction

Article 23.

3. Spanish jurisdiction shall hear the cases committed by Spaniards or foreigners outside national territory when they are susceptible to consideration according to Spanish criminal law as one of the following crimes :

a) Treason or action against the peace or independence of the State.
b) Against the title of the Crown, his Consort, Heir or Regent.
c) Rebellion and sedition.
d) Falsification of royal signature or stamps, the State seal, signatures of Ministers and public or official seals.
e) Counterfeiting of Spanish currency and its issue.
f) Any other falsification which directly prejudices the credit or interests of the State and introduction or issue of the counterfeited material.
g) Attack on the authorities or Spanish public servants.
h) Those perpetrated in the exercise of their duties by Spanish public servants residing abroad and crimes against the Spanish Public Authority.
i) Those relating to currency controls.

Rome Statute

Article 12 Preconditions to the exercise of jurisdiction

1. A State which becomes a Party to this Statute thereby accepts the jurisdiction of the Court with respect to the crimes referred to in article 5.

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;

(b) The State of which the person accused of the crime is a national.

3. If the acceptance of a State which is not a Party to this Statute is required under paragraph 2, that State may, by declaration lodged with the Registrar, accept the exercise of jurisdiction by the Court with respect to the crime in question. The accepting State shall cooperate with the Court without any delay or exception in accordance with Part 9.