Territorial jurisdiction - national proceedings

Armenia

Armenia - Criminal Code (EN) 2003 (2013)

General Part

Section 1.

Criminal legislation

Chapter 2.

Operation of the criminal law in time and space

Article 14. The effect of the criminal law with regard to persons who committed crime in the territory of the Republic of Armenia.

1. The person who committed a crime in the territory of the Republic of Armenia is subject to liability under the Criminal Code of the Republic of Armenia.

2. The crime is considered committed in the territory of the Republic of Armenia when:
1) it started, continued or finished in the territory of the Republic of Armenia;
2) it was committed in complicity with the persons who committed crimes in other countries.

3. In case of crimes committed in the territory of the Republic of Armenia and other states, the person’s liability arises under the Criminal Code of the Republic of Armenia, if the person was subjected to criminal liability in the territory of the Republic of Armenia and unless an international treaty of the Republic of Armenia prescribes otherwise.

4. The person who committed a crime on board of a ship or flying aircraft bearing the flag or the identification of the Republic of Armenia is subject to criminal liability, regardless of their whereabouts, under the Criminal Code of the Republic of Armenia, unless otherwise stipulated in an international treaty of the Republic of Armenia. Also subject to liability under the Criminal Code of the Republic of Armenia, is the person who committed a crime on board of a military ship or aircraft of the Republic of Armenia, regardless of their location

5. The issue of the criminal liability of foreign diplomatic representatives and other persons enjoying diplomatic immunity, in the case of committal of crime by the latter in the territory of the Republic of Armenia, is resolved in accordance with the norms of international law .

Armenia - Criminal Procedure Code (EN) 1998 (2016)

GENERAL PART

Section One : GENERAL PROVISIONS

CHAPTER 1. LEGISLATION ON CRIMINAL PROCEDURE

Article 3. Territory of Effect of the Criminal-procedure Law

1. In the territory of the Republic of Armenia, proceedings in criminal cases shall be conducted in accordance with the provisions of this Code, irrespective of the place where the crime was committed, unless otherwise prescribed by the international treaties of the Republic of Armenia.

2. Beyond the territory of the Republic of Armenia, criminal proceedings, emerging from commission of crimes on board of any sea or river ship, or aircraft, registered in the airport or sea port of the Republic of Armenia, lawfully sailing under the flag of the Republic of Armenia or bearing the markings of the Republic of Armenia, shall be governed by the provisions of this Code.

GENERAL PART

Section Two: THE COURT

CHAPTER 6. JURISDICTION OVER CRIMINAL CASES

Article 47. Territorial Jurisdiction over Criminal Cases

1. A court of first instance shall have jurisdiction over cases involving offenses committed in the territory of the judicial district of the respective court of first instance.

2. It shall be presumed, that a lasting crime is committed in the territory, where it was finished. It shall be presumed, that a continuous crime was committed in that territory, where the last criminal action was committed.

3. The case involving a crime committed abroad, is subject to the jurisdiction of the court, in the judicial district of which the accused had his last residence, and if it is impossible to determine the last place of residence, then the case shall be subject to the jurisdiction of that court, in the judicial district of which the pre-trial proceedings of the case were accomplished.

PART 14. SPECIAL PROCEEDINGS

CHAPTER 54. INTERRELATIONS OF COURTS, PROSECUTORS AND INQUEST BODIES WITH APPROPRIATE INSTITUTION OF FOREIGN COUNTRIES AND OFFICIALS IN LEGAL ASSISTENCE IN CRIMINAL CASES

Article 481. Refusal from extradition

the crime was committed in the territory of the country which received the request;

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;