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.