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.