CHAPTER 1
General Explanations
Title 1.
This Law shall be cited as the “Penal Code of the Maldives”.
This Law shall have effect in respect of the State of the Maldives, its territorial jurisdiction and every living being, tree, land, sea and every other living creature within that jurisdiction.
CHAPTER 1
General Explanations
3. Committing Offences Outside the Maldives
Every person on whom Maldives Law is applicable, whether he was outside the territory of the Maldives or within the jurisdiction specified in Section 1 at the time of contravening the law, shall be punished as if such offence was committed within the Maldives. Further, his trial shall be conducted in the Maldives.
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General Explanations
5. Foreign Nationals who Commit an Offence under this Law
Where a foreign national arrives in the Maldives after committing an offence overseas and where the Government of the country in which such person is domiciled has not requested for his extradition, the Maldivian State shall have the competence on allegation of that offence, to arrest or detain him or deport him from the Maldives or to do everything that is possible to expel him from the Maldives where it is expedient for the purposes of preserving the interests of the Maldivian people or a section thereof.
DRAFT CRIMES & SENTENCING CODE
PART I: THE GENERAL PART
PRELIMINARY PROVISIONS
CHAPTER 10. PRELIMINARY PROVISIONS
Section 13 – Jurisdiction
(a) Statement of Jurisdiction.
The State has jurisdiction to prosecute:
(1) (A) any offense for which any conduct, described as an
element of that offense, is committed in the Maldives; or
(B) any offense in which the results cause substantial
harm, described as an element of that offense, in the Maldives; or
(C) any inchoate offense that, if completed, would include
the conduct or result described above in the Maldives; or
(D) any inchoate offense for which:
(aa) an element of such an offense is committed in
the Maldives, and
(bb) the intended place for the completion or the
effect of the offense is outside the Maldives, and
(cc) the offense would be illegal both in the
intended place of completion or effect, if completed, andin the Maldives, if it were performed there; and
(2) any offense that results in substantial harm to citizens, agents,
or property of the State, and any inchoate offense that, if completed,
would have likely resulted in substantial harm to citizens, agents, or
property of the State; and
(3) any offense committed by or in cooperation with a citizen of
the Maldives or a person domiciled in the Maldives regardless of the
location of the offense; and
(4) [any offense committed in gross violation of international
law, regardless of the site of such offenses or the domiciles of the parties
involved,]1 and any offense over which the State is required to assume
jurisdiction due to the State’s adoption of an international treaty, though,
unless stipulated otherwise, such a treaty shall not limit the jurisdiction
of the State over such offenses; and
(5) any offense committed against or on board vessels or aircraft
flagged or registered in the Maldives.
(b) Jurisdiction Not an Element of an Offense. Establishing jurisdiction
is a prerequisite to prosecution and not an element of an offense. The
prosecution need not prove the culpability of the defendant as to any of the
criteria for jurisdiction.
(c) Power of the Court. This Section does not affect the power of a
court to punish for contempt or to employ any sanction authorized by law for
the enforcement of an order or civil judgment.
(d) Claims for Extradition. Unless explicitly stipulated in an
international treaty, a defendant has no standing to challenge a failure of the
State to extradite him to another country.
(e) Definitions.
(1) The “Maldives” includes the land, water, and the air space
above such land and water over which the Maldivian government has
jurisdiction, including the inhabited and uninhabited islands, and
territorial waters, as defined by law and treaty.
(2) The “State” means the government and territory of the
Maldives.
(f) Exclusive Economic Zone. The State has jurisdiction under
international law to enforce criminal law in order to explore, exploit, conserve,
and manage the natural resources within the Exclusive Economic Zone. For
any offense committed in the Exclusive Economic Zone over which the State
may seize jurisdiction under international law, the term the “Maldives” as used
in this Section shall also include the Exclusive Economic Zone, as defined by
law and treaty. The range of penalties available in such a case may also be
defined by international law.
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.
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.
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.