Passive personality jurisdiction

Albania

Albania - Criminal Code 1995 (2013) EN

1 General Part

Chapter 1- Criminal Law and its Application

Article 7 The applicable law on criminal acts committed by foreign citizens


The criminal law of the Republic of Albania is also applicable to a foreign citizen who, outside of the Republic of Albania, commits one of the following offences against the interests of the Albanian State or an Albanian citizen:

a) crimes against humanity;

b) crimes against Albanian independence and its constitutional order;

c) terrorist acts;

d) Organization of prostitution; illegal trafficking of human beings, children, and women; production and illegal trafficking of weapons, drugs, other narcotic and psychotropic substances, nuclear substances, pornographic materials and illegal trafficking of art works and objects with a historical, cultural, and archeological value.

e) hijacking airplanes or ships;

f) falsifying the Albanian state seal, Albanian currency, or Albanian bonds or stocks;

g) crimes which affect the life or health of Albanian citizens, to which the law provides for a punishment by imprisonment of five years or any other heavier punishment.

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.