'Jurisdiction' in document 'Malawi - Penal code'

Jump to:

RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

PART I
GENERAL PROVISIONS

CHAPTER III
TERRITORIAL APPLICATION OF THIS CODE

5. Offence committed partly within and partly beyond the jurisdiction

When an act which, if wholly done within the jurisdiction of the court, would be an offence against this Code, is done partly within and partly beyond the jurisdiction, every person who within the jurisdiction does or makes any part of such act may be tried and punished under this Code in the same manner as if such act had been done wholly within the jurisdiction.

PART I
GENERAL PROVISIONS

CHAPTER III
TERRITORIAL APPLICATION OF THIS CODE

6. Jurisdiction and procedure in respect of certain offences committed in countries outside Malawi

(1) Any Malawi citizen being a person employed in the public service of Malawi who commits, in any other country, when acting or purporting to act in the course of his employment, any offence which,
if committed in Malawi, would be punishable in Malawi, shall be guilty of an offence of the same nature, and subject to the same punishment, as if the offence had been committed in Malawi.

(2) A person may be proceeded against, charged, tried and punished for an offence against this section in any place in Malawi in which he is apprehended or is in custody as if the offence had been committed in that place; and the offence shall, for all purposes incidental to or consequential on the trial or punishment thereof, be deemed to have been committed in that place.