Territorial jurisdiction - national proceedings

Kazakhstan

Kazakhstan - Criminal Code 1997 (2004) EN

Section I. Criminal Law

Article 6. Effect of Criminal Law with Regard to Persons Having Committed Crimes on the Territory of the Republic of Kazakhstan

1. A person who committed a crime on the territory of the Republic of Kazakhstan shall bear liability in accordance with the present Code.

2. An act which was begun, or continued, or ended on the territory of the Republic of Kazakhstan, shall be recognised as a crime committed on the territory of the Republic of Kazakhstan. The effect of the present Code shall also apply to crimes which are committed on the continental shelf, and within the exclusive economic zone of the Republic of Kazakhstan.

3. A person having committed a crime on a ship registered in a port of the Republic of Kazakhstan, but which is in the open water or air space outside of the boundaries of the Republic of Kazakhstan, shall be subject to criminal liability under the present Code of the Republic of Kazakhstan, unless it is otherwise stipulated by an international treaty of the Republic of Kazakhstan. Under the present Code, a person shall also bear criminal liability who committed a crime on a military ship or military aircraft of the Republic of Kazakhstan, irrespective of its location.

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;