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.

2. In addition, it shall hear cases established under Spanish criminal laws as crimes, even though they have been committed outside national territory, provided that those criminally responsible were Spanish, or foreigners who had acquired Spanish nationality subsequent to the crime and when the following requirements are fulfilled :

a) That the act is punishable in the place of enforcement, unless in virtue of an international treaty or a regulatory act of an international organisation to which Spain is signatory, this requirement is not necessary.
b) That the injured party or the Public Prosecutor file a complaint or action before the Spanish courts.
c) That the offender has not been acquitted, pardoned or sanctioned abroad or in this last case, has not completed their sentence. If they have only completed it partly it shall be taken into account as proportionally reduced.

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.

4. Spanish jurisdiction shall also be competent to hear facts committed by Spaniards or foreigners outside national territory susceptible to consideration according to Spanish criminal law as one of the following crimes :

a) Genocide.
b) Terrorism.
c) Piracy and illegal hijacking of aeroplanes.
d) Counterfeiting of foreign currency.
e) Crimes relating to prostitution and corruption of minors or the incapacitated.
f) Illegal trafficking of psychotropic, toxic and narcotic drugs.
g) Those relating to female genital mutilation provided that those responsible are located in Spain.
h) And any other which according to international treaties or conventions should be prosecuted in Spain.

5. In the cases of articles 3 and 4 the provisions of point c) section 2 of this Article shall be applicable.

Rome Statute

Article 11 Jurisdiction ratione temporis

1. The Court has jurisdiction only with respect to crimes committed after the entry into force of this Statute.

2. If a State becomes a Party to this Statute after its entry into force, the Court may exercise its jurisdiction only with respect to crimes committed after the entry into force of this Statute for that State, unless that State has made a declaration under article 12, paragraph 3.

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.

Article 13 Exercise of jurisdiction

The Court may exercise its jurisdiction with respect to a crime referred to in article 5 in accordance with the provisions of this Statute if:

(a) A situation in which one or more of such crimes appears to have been committed is referred to the Prosecutor by a State Party in accordance with article 14;

(b) A situation in which one or more of such crimes appears to have been committed is referred to the Prosecutor by the Security Council acting under Chapter VII of the Charter of the United Nations; or

(c) The Prosecutor has initiated an investigation in respect of such a crime in accordance with article 15.