New Zealand

Crimes Act 1961

Part 4
Parties to the commission of offences

68 Party to murder outside New Zealand

(1) Except as hereinafter provided, every one is liable to imprisonment for a term not exceeding 14 years who, in New Zealand, aids, incites, counsels, or procures the doing or omission of an act outside New Zealand which, if done or omitted in New Zealand, would be murder.

(2) Every one is liable to imprisonment for a term not exceeding 10 years who, in New Zealand, incites, counsels, or attempts to procure the doing or omission of an act outside New Zealand which, if done or omitted in New Zealand, would be murder, when no such act is in fact done or omitted.

(3) It is a defence to a charge under this section to prove that the doing or omission of the act was not an offence under the law of the place where it was, or was to be, done or omitted.

(4) Nothing in this section limits or affects sections 9 to 11 of the International Crimes and International Criminal Court Act 2000.


69 Party to any other crime outside New Zealand

(1) Every one is liable to imprisonment for a term not exceeding 14 years who, in New Zealand, aids, incites, counsels, or procures the doing or omission outside New Zealand, by any person not owing allegiance to Her Majesty the Queen in right of New Zealand, of any act which, if done or omitted outside New Zealand by a person owing such allegiance, would be any of the crimes of treason, inciting to mutiny, or espionage, as specified in sections 73, 77, and 78.

(2) Every one is liable to imprisonment for a term not exceeding 10 years who, in New Zealand, incites, counsels, or attempts to procure the doing or omission outside New Zealand of any act which, if done or omitted in New Zealand, would be any such crime as aforesaid, when that act is not in fact done or omitted.

(3) Every one who, in New Zealand, aids, incites, counsels, or procures the doing or omission outside New Zealand of any act (not being an act to which the foregoing provisions of this section apply) which, if done or omitted in New Zealand, would be an offence other than murder punishable by imprisonment for life or by 2 or more years’ imprisonment, is liable to imprisonment for a term not exceeding that prescribed for the offence, or 7 years, whichever is the less:
provided that it shall be a defence to a charge under this sub-section to prove that the doing or omission of the act to which the charge relates was not an offence under the law of the place where it was, or was to be, done or omitted.

(4) Except as otherwise provided in this Act, no one shall be convicted of inciting, counselling, or attempting to procure in New Zealand the doing or omission of an act outside New Zealand when that act is not in fact done or omitted.

(5) Nothing in this section limits or affects sections 9 to 11 of the International Crimes and International Criminal Court Act 2000.

Keywords

National penalties - national proceedings



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