Cape Verde Legislative Decree 4/2003 of 18 November 2003 - PENAL CODE
VOLUME I - GENERAL PROVISIONS
TITLE I - GUARANTEES AND APPLICATION OF PENAL LAW
Article 3
(Physical sphere of application: general principle)
Except as otherwise provided by international agreement, Cape Verdean penal law shall apply to deeds committed within Cape Verdean territory or aboard vessels or aircraft that are registered in Cape Verde or fly the Cape Verdean flag, irrespective of the nationality of the perpetrator.
Cape Verde Legislative Decree 4/2003 of 18 November 2003 - PENAL CODE
VOLUME I - GENERAL PROVISIONS
TITLE I - GUARANTEES AND APPLICATION OF PENAL LAW
Article 4
(Deeds committed outside Cape Verdean territory)
1.Except as otherwise provided by international agreement, Cape Verdean penal law shall apply to deeds committed outside Cape Verdean territory in the following cases:
(a) if the deeds constitute the crimes referred to in Articles 244 to 263 and 307 to 328;
(b) if the deeds constitute the crimes referred to in Article 138, paragraphs 2 and 3, or in Articles 268 to 279, if the perpetrator is found in Cape Verde and cannot be extradited;
(c) if the deeds are committed against Cape Verdeans, provided that the perpetrator is customarily resident in Cape Verde and is found in Cape Verde;
(d) if the deeds are committed by Cape Verdeans, or by foreign nationals against Cape Verdeans, provided that the perpetrator is found in Cape Verde, that the deeds are also punishable under the legislation of the place where they were committed, and that they constitute a crime for which the law permits extradition but for which extradition cannot be granted;
(e) if it is a case of crimes which are the responsibility of the Cape Verdean State to try pursuant to an international agreement.
2. The provisions of the preceding paragraph shall apply only if the perpetrator has not been tried in the country in which the deed was committed or, if convicted in that country, has avoided fulfilling any penalty imposed/
3. Wherever Cape Verdean law applies pursuant to this article, the deed shall be tried in accordance with the law of the country in which the deed was committed if that regime is more favourable to the perpetrator. Any penalty shall be converted to the corresponding penalty under the Cape Verdean system or, if there is no direct correspondence, to such penalty as Cape Verdean law may provide for the deed.
CODE OF PENAL PROCEDURE OF CAPE VERDE
PART ONE
PRELIMINARY VOLUME
FOUNDATIONS OF PENAL PROCEDURE
TITLE III THE LAW OF PENAL PROCEDURE AND ITS APPLICATION, AND SUFFICIENCY OF PENAL ACTION
CHAPTER I APPLICATION OF THE LAW OF PENAL PROCEDURE
Article 28
Application of the law of penal procedure in space
The law of penal procedure shall apply throughout Cape Verdean territory and beyond to the extent defined under international agreements applicable within Cape Verde or pursuant to agreements entered into in the area of judicial cooperation.
CODE OF PENAL PROCEDURE OF CAPE VERDE
PART ONE
PRELIMINARY VOLUME
FOUNDATIONS OF PENAL PROCEDURE
TITLE IV - JURISDICTION AND COMPETENCE
CHAPTER II - TERRITORIAL COMPETENCE
Article 35
General rules
1. The court within whose territory a crime is determined to have been committed shall be competent to hear the corresponding case.
2. If the crime is committed by means of successive or repeated acts, or by means of a single act that can be prolonged over a period of time, the competent court shall be the court in whose territory the last act was committed or in whose territory the commission of the crime ceased.
3. If the crime is determined to have been committed in a different place from the place where the crime had the result that the law seeks to prevent, even though the commission of the crime has been completed, the competent court shall be the court in whose territory the result or completion of the crime took place.
4. In the case of an attempted crime or punishable preparatory act, the competent court shall be the court in whose territory the last act of the attempted crime or last preparatory act took place.
CODE OF PENAL PROCEDURE OF CAPE VERDE
PART ONE
PRELIMINARY VOLUME
FOUNDATIONS OF PENAL PROCEDURE
TITLE IV - JURISDICTION AND COMPETENCE
CHAPTER II - TERRITORIAL COMPETENCE
Article 38
Crimes committed abroad
1. If the crime was committed abroad, the competent court to hear the case shall be the court within whose territory the perpetrator or his domicile is located.
CODE OF PENAL PROCEDURE OF CAPE VERDE
PART ONE
PRELIMINARY VOLUME
FOUNDATIONS OF PENAL PROCEDURE
TITLE IV - JURISDICTION AND COMPETENCE
CHAPTER II - TERRITORIAL COMPETENCE
Article 38
Crimes committed abroad
1. If the crime was committed abroad, the competent court to hear the case shall be the court within whose territory the perpetrator or his domicile is located.
2. If it is not possible to determine which court is the competent court according to the provision contained in the preceding paragraph, the competent court shall be the court in whose territory the crime was first identified.
3. If the crime was only partially committed abroad, the competent court to hear the case shall be the Cape Verdean court in whose territory the last pertinent act was carried out, in accordance with the provisions of the preceding articles.
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.