Papua New Guinea

Criminal Code Act 1974

SCHEDULE 1 – THE CRIMINAL CODE.

PART I. – INTRODUCTORY.

Division 3. – Application of the Criminal Law.

13. OFFENCES PROCURED OR COUNSELLED BY PERSONS OUTSIDE PAPUA NEW GUINEA.

(1) A person who–

(a) while outside Papua New Guinea procures another person to do or omit to do an act in Papua New Guinea of such a nature that, if he had himself done the act or made the omission, in Papua New Guinea, he would have been guilty of an offence ; and
(b) afterwards comes into Papua New Guinea,
is by coming into Papua New Guinea guilty of an offence of the same kind, and is liable to the same punishment, as if he had himself done the act or made the omission in Papua New Guinea.

(2) A person who–

(a) while outside Papua New Guinea counsels or procures the commission of an offence that is actually committed in Papua New Guinea ; and
(b) afterwards comes into Papua New Guinea,
is guilty of an offence of the same kind, and is liable to the same punishment, as if he had been in Papua New Guinea when the offence was committed.

14. OFFENCES PROCURED IN PAPUA NEW GUINEA TO BE COMMITTED OUTSIDE PAPUA NEW GUINEA.

(1) A person who, while in Papua New Guinea, procures another person to do an act or make an omission at a place outside Papua New Guinea of such a nature that–

(a) if he had himself done the act or made the omission in Papua New Guinea, he would have been guilty of an offence ; and
(b) if he had himself done the act or made the omission, he would have been guilty of an offence under the law in force in the place where the act or omission is done or made, is guilty of an offence of the same kind, and is liable to the same punishment, as if the act had been done or the omission had been made in Papua New Guinea.

(2) The punishment for an offence by virtue of Subsection (1) shall not exceed the punishment that the offender would have incurred under the law in force in the place where the act was done or the omission was made, if he had himself done the act or made the omission.

(3) A prosecution cannot be instituted under this section except at the request of the Government of the State having jurisdiction in the place where the act or omission occurs.

Keywords

Jurisdiction
Territorial jurisdiction - national proceedings



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