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Prosecution for offence committed abroad?

  • 09-01-2013 11:48am
    #1
    Montroseee
    Registered Users, Registered Users 2 Posts: 1,188 ✭✭✭


    Hi I'm studying law and can't seem to find this anywhere, can you be prosecuted in Ireland for an offence committed abroad? My question excludes serious offences such as murder, sexual and serious assault, fraud etc.

    Thanks


Comments

  • #2
    234
    Registered Users, Registered Users 2 Posts: 1,529 ✭✭✭234


    Look at extra-territoriality in criminal law. Some offences are crimes in Ireland no matter where they are committed. Two examples off the top of my head are piracy (the classic example) and unauthorised detonation of nuclear weapon.


  • #3
    coylemj
    Registered Users, Registered Users 2 Posts: 25,624 ✭✭✭✭coylemj


    Can't you also be prosecuted for an offence committed aboard an Irish-registered plane or ship regardless of where the vessel happened to be at the time?


  • #4
    Predalien
    Closed Accounts Posts: 946 ✭✭✭Predalien


    coylemj wrote: »
    Can't you also be prosecuted for an offence committed aboard an Irish-registered plane or ship regardless of where the vessel happened to be at the time?

    It's the flag state that have jurisdiction for offences commited on the high seas/international waters. If the vessel is in territorial waters, then jurisdiction lies with the state in which the vessel is present.


  • #5
    ThreeLineWhip
    Closed Accounts Posts: 473 ✭✭ThreeLineWhip


    Desecration of a passport is also a crime here no matter where committed.


  • #6
    Procrastastudy
    Closed Accounts Posts: 6,224 ✭✭✭Procrastastudy


    Sex with a minor is one law with extra territorial effect. If you're studying law its the various fishing cases you have to look at. They generally revolve around our relationship with the North.

    You've also got Re Criminal Law (Jurisdiction) Bill 1975 (1977) IR 129 you can look at.


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  • #7
    spaceylou
    Registered Users, Registered Users 2 Posts: 1,451 ✭✭✭spaceylou


    Some crimes can be prosecuted by the State when either the crime was committed on the territory of the State or by a citizen of the State (even when the crime was committed outside the territory).

    Then other crimes, usually the big ones like genocide etc allow a State to not only prosecute those (allegedly) responsible for any crimes committed on the territory, citizens of the state allegedly committing crimes outside the territory of the State BUT also any one else who is on their territory and is alleged to have committed such a crime somewhere else. Usually this springs from an international treaty that a State has ratified.

    Had you any particular crimes in mind? Or just general wondering?


  • #8
    valleyoftheunos
    Closed Accounts Posts: 2,332 ✭✭✭valleyoftheunos


    Generally he answer is no, you cannot be prosecuted here for offences committed outside the jurisdiction. There are however exceptions to this as mentioned above, another one that springs to mind relates to computer fraud.

    of course, depending on the offence a person could possibly be extradited to the jurisdiction where the offence took place.


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