'Jurisdiction' in document 'Spain - Law 6/1985 Judiciary'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

VOLUME I
THE EXTENSION AND LIMITS OF JURISDICTION AND THE STAFFING AND ORGANISATION OF THE COURTS AND TRIBUNALS

TITLE I
The extension and limits of jurisdiction

Article 23.

2. In addition, it shall hear cases established under Spanish criminal laws as crimes, even though they have been committed outside national territory, provided that those criminally responsible were Spanish, or foreigners who had acquired Spanish nationality subsequent to the crime and when the following requirements are fulfilled :

a) That the act is punishable in the place of enforcement, unless in virtue of an international treaty or a regulatory act of an international organisation to which Spain is signatory, this requirement is not necessary.
b) That the injured party or the Public Prosecutor file a complaint or action before the Spanish courts.
c) That the offender has not been acquitted, pardoned or sanctioned abroad or in this last case, has not completed their sentence. If they have only completed it partly it shall be taken into account as proportionally reduced.

3. Spanish jurisdiction shall hear the cases committed by Spaniards or foreigners outside national territory when they are susceptible to consideration according to Spanish criminal law as one of the following crimes :

a) Treason or action against the peace or independence of the State.
b) Against the title of the Crown, his Consort, Heir or Regent.
c) Rebellion and sedition.
d) Falsification of royal signature or stamps, the State seal, signatures of Ministers and public or official seals.
e) Counterfeiting of Spanish currency and its issue.
f) Any other falsification which directly prejudices the credit or interests of the State and introduction or issue of the counterfeited material.
g) Attack on the authorities or Spanish public servants.
h) Those perpetrated in the exercise of their duties by Spanish public servants residing abroad and crimes against the Spanish Public Authority.
i) Those relating to currency controls.

4. Spanish jurisdiction shall also be competent to hear facts committed by Spaniards or foreigners outside national territory susceptible to consideration according to Spanish criminal law as one of the following crimes :

a) Genocide.
b) Terrorism.
c) Piracy and illegal hijacking of aeroplanes.
d) Counterfeiting of foreign currency.
e) Crimes relating to prostitution and corruption of minors or the incapacitated.
f) Illegal trafficking of psychotropic, toxic and narcotic drugs.
g) Those relating to female genital mutilation provided that those responsible are located in Spain.
h) And any other which according to international treaties or conventions should be prosecuted in Spain.

5. In the cases of articles 3 and 4 the provisions of point c) section 2 of this Article shall be applicable.