페이지 이미지
PDF
ePub

Any person who, without order or authorization of the legal authorities, mobilizes, recruits, employs, or gives orders for mobilization, recruitment or employment of troops, or supplies such troops with weapons or ammunition, shall be sentenced to death.

17. The Criminal Code deals with abortions as follows:

Article 346.—Anyone who by any means whatsoever commits or attempts to commit an abortion upon a woman actually. or supposedly pregnant, even though such woman has agreed, shall be sentenced to from one to five years and fined from 5,000$ to 50,000$.

If the criminal is regularly engaged in the abortion practice, the penalty shall be the maximum of imprisonment and the fine shall be from 10,000$ to 200,000$.

If the victim becomes permanently disabled, the criminal shall be sentenced to confinement.

If the victim dies, the sentence shall be to limited hard labor.

Article 347.—Medical doctors, military medical officers, midwives, dentists, pharmacists, medical students, pharmacy students, druggists, medical equipment dealers, surgical equipment dealers, who advise or give assistance in an abortion shall be sentenced as provided in Paragraph 1 or Article 346. Further, they can be temporarily or permanently banned from practicing their profession in accordance with Article 61.

With regard to gambling, there are a number of provisions prohibiting cockfighting, unauthorized lotteries, or participation in a gambling den (Articles 458, 459, 460, and 461). Penalties range from eleven days to two years imprisonment.

Under the Criminal Code, prostitution is not an offense. However, facilitation and promotion of prostitution are punishable under Articles 357 through 364, which describe the specific acts which will constitute such facilitation and promotion.

18. The distribution of weapons in a conspiracy aimed at causing civil war is an offense (Article 123). Articles 318 and 319 forbid the unauthorized fabrication, sale, distribution, and carrying of any kind of rifle or shotgun, also of gunpowder, ammunition, and explosives. Also, Article 129 states :

Any person who uses explosives to turn or destroy any public building, storage area, shipyard, craft, or any properties of national ownership shall be sentenced to death.

19. The Vietnamese Criminal Code provides the death penalty for a number of offenses. The group of crimes termed treason and described in Articles 108, 109, and 110 are all punishable with death, also conspiracy aimed at causing civil war (Article 123), illegal military actions (Article 127), using explosives to destroy public buildings, etc. (Article 129 above), heading an armed group for the purpose of taking possession of military posts, etc. (Article 130), taking part in or organizing an uprising (Articles 130, 131), embezzlement by a public servant of more than two million piasters (Article 136), accepting bribes, and if a public servant, of more than 2,000,000$ (Article 145), premeditated murder, parricide, infanticide, and poisoning (Article 327), felony-murder (Article 329, and intentionally setting fire to a house, ship, vehicles, etc. (Articles 465).

There is no provision for a separate proceeding to determine sentence in capital cases.

20. Presumed cumulation of offenses, wherein the offender commits several crimes by the commission of one act which violates several provisions of the Criminal Code, is dealt with as below:

Article 107.—In case of a presumed cumulation of offenses, the offender shall only be prosecuted once, for the most serious offense, and shall be punIshed as provided for that offense.

A presumed cumulation of offenses is where the offender, by the commission of one act, violates several provisions of the Criminal Code and thus commits several crimes simultaneously.

No other provision is made on the subject of multiple prosecutions.

APPENDIX

EXTRATERRITORIAL APPLICABILITY OF THE CRIMINAL CODES IN VARIOUS EUROPEAN

COUNTRIES Prepared by Members of the Staff of the Law Library, Library of Congress,

February 1972

ALBANIA

The limits of Albanian penal law in space are contained in the Criminal Code (Arts. 58-63). According to these provisions, it may be assumed that the general principle controlling Albanian penal law is the territorial principle. However, for Albanian citizens who commit a crime abroad, Albanian law shall apply unless the perpetrators have already been penalized for the commission of such crimes outside of the State. In these cases, the punishment provided for under the Albanian law could be reduced or dispensed with altogether.

There are no commentaries on the general principles of the current Albanian Penal Code. A translation of Articles 58-63 of the Albanian Penal Code follows :*

Art. 58. Criminal responsibility of the citizens of the People's Republic of Albania. Citizens of the People's Republic of Albania shall be held criminally responsible and punished in accordance with the penal law of the People's Republic of Albania, for crimes committed whether within or outside the territory of the People's Republic of Albania.

Citizens of the People's Republic of Albania who have been penalized outside of the State for crimes committed there (abroad), such crimes being also punishable under Albania law, may be exempted in Albania from any criminal responsibility, or the penalty to be inflicted upon them may be mitigated accordingly.

Art. 59. Criminal responsibility of foreigners. Foreigners who commit crimes in Albania shall be subject to the criminal laws of the People's Republic of Albania.

Art. 60. Extraterritoriality. Matters concerning the criminal responsibility of foreign citizens enjoying extraterritoriality rights must be resolved in any case through diplomatic channels.

Art. 61. Criminal responsibility of stateless persons. Stateless persons residing within the territory of the People's Republic of Albania shall be punished in accordance with the penal laws of the People's Republic of Albania, for crimes they commit within the territory of the People's Republic of Albania.

Art. 62. (irrelevant]

Art. 63. Special provisions. The general provisions of this Code shall be also enforced for crimes provided for in special penal legislation.

AUSTRIA

The Criminal Code of 1852, as amended, is still in force in Austria.' The principle of extraterritorial applicability has been adopted and provided for in Section 36 which covers felonies committed by Austrian citizens abroad, while Section 38, which covers crimes committed by foreign citizens abroad, affects only the crimes enumerated therein. However, insofar as other crimes are concerned, the Austrian Criminal Code is applied only if foreign governments fail to request extradition as defined in Sections 39 and 40.

*Kodi Penal i R.P. Shqipërisë (Penal Code of the People's Republic of Albania). Tirana, 1952. 1 Österreichisches Strafgestez. Wien, Österreichische Strattsdruckerel, 1945 :

The above-mentioned sections of the Criminal Code read as follows:

Section 36. An Austrian citizen, if found in this country, is not to be extradited to a foreign country for felonies committed abroad, but he is to be dealt with according to this Penal Act without regard to the law of the country where the felony was committed.

If he has already been punished abroad for this deed, then the punishment already suffered is to be taken into account in determining the penalty due under this Penal Act.

In no case are sentences of foreign criminal authorities to be executed in this country.

Section 38. If a foreigner abroad committed the felony of high treason against the Republic of Austria (Section 58), of espionage or other collusion with the enemy (Section 67), of unauthorized recruiting (Section 92), of falsifying Austrian public instruments of credit or coins (Section 106 to 121), or of inducing or aiding the violation of military duties (Section 222), then he is to be dealt with like a national in accordance with this Act.

There is a very extensive commentary on the subject authored by Dr. Gustav Kania, with the complete citation of high court decisions and international agreements.

BELGIUM

TRANSLATION FROM THE FRENCH OF PERTINENT PROVISIONS*

The Criminal Code (1964) Art. 4. An offense committed outside of the Kingdom's territory by Belgian citizens or by foreigners shall not be punishable in Belgium, except in the cases determined by the law.

See: Law of April 17, 1878 (Criminal Procedure) Chapter II, Articles 6 to 14.

The Code of Criminal Procedure (1967)
Chapter Il. Public Prosecution for Crimes or Misdemeanors Committed

Outside the Kingdom's Territory Art. 6. Any Belgium citizen who commits, outside the Kingdom's territory, one of the following offenses, may be prosecuted in Belgium :

1. [Law of August 4, 1914, Art. 3] A major or minor crime against the security of the State ;

2. [Law of July 12, 1932, Art 2a] A major or minor crime against the public faith as stated in the Criminal Code, Book. II, Chapters 1, 2, and 3 of Title 3, or a minor crime specied in Articles 497 and 497bis, if the major or minor crime has, for its object, either the currency with legal tender in Belgium or things destined for their fabrication, forgery, debasement or falsification, or the bills of exchange, papers, seals, stamps, marks or hallmarks of the State of the Belgian administration or public establishments;

3. [Id.] A major or minor crime against the public faith as stated in the same provision, if the major or minor crime has, for its object either currency without legal tender in Belgium or things destined for their fabrication, forgery, debasement or falsification, or bills of exchange, papers, seals stamps, marks or hallmarks of a foreign state.

Prosecution in the last case may not be instituted, except on official advice given to the Belgian authority by the foreign authority.

Art 9. [Law of March 16, 1964, Art. 1] Par. 1. Any Belgian citizen who, outside of the Kingdom's territory, is guilty of an act qualified as a crime under Belgian law, may be prosecuted in Belgium if the act is punishable by the legislation of the country where it has been committed.

Par. 2. If the offense was committed against a foreigner, prosecution may not be instituted except upon motion of the Public Prosecutor to the court and must, among other things, be preceded by a complaint from the injured foreigner or his family or an official notication given to the Belgian authority by the authority of the country where the offense was committed.

The Austrian Criminal Code. The American Series of Foreign Penal Codes. London, 1966. p. 31, Secs. 36, 38, 39, and 40.

Gustav Kaniak. Das Osterreichische Strafgesetz. Sechste Auflage. Wien, 1969. * Jean Servais and E. Mechelynck. 2 Les Codes belges. Bruxelles, 1969.

If the offense is committed in time of war against a national of a country which is an ally of Belgium in the sense of Article 117, paragraph 12 of the Criminal Code, the official notification may be given under the authority of the country of which this foreigner is or has been a national.

Art. 8. [Abrogated by the Law of March 16, 1964, Art. 2]

Art. 9. Any Belgian citizen who is found guilty of an offense in forestry or field matters, fishing or hunting on the territory of a neighboring state, may, if this state agrees on such reciprocity, be prosecuted in Belgium, based on the complaint of the damaged party or based on official notification given to the Belgian authority by the authority of the country in which the offense was committed.

Art 10. A foreigner may be prosecuted in Belgium when he commits the following outside of the Kingdom's territory :

1. [Law of July 19, 1934, Art. 4] A major or minor crime against the State's security;

2. (Law of July 12, 1932, Art. 2b] A major or minor crime specified in Article 6, number 2;

3. A major or minor crime specified in Article 6, number 3.

Prosecution in the last case may not be instituted except upon official notification as given to the Belgian authority by the foreign authority;

4. (Law of April 2, 1948, Art. 1] In time of war, the offense of homicide or of voluntary bodily injuries, rape, indecent exposure, or denunciation to the enemy, against a national of Belgium, a foreign resident of Belgium at the time of the initiation of hostilities or against a national of a country allied to Belgium in the sense of paragraph 2 of Article 117 of the Criminal Code.

Art. 10bis. [Law of July 14, 1951, Art. 1] Any person subject to [Belgian] military laws who commits any offense on the territory of a foreign state, may be prosecuted in Belgium.

The same laws apply to persons who are attached, in any official capacity, to the armed forces on foreign territory or those authorized to follow an army corps of which they are a part.

Art 11. A foreigner who is a principal or an accessory to a crime committed outside of the Kingdom's territory, by a Belgian citizen, may be prosecuted in Belgium, together with the accused Belgian citizen, or after the conviction of the Belgian citizen.

Art. 12. (Law of July 14, 1951, Art. 2] Prosecution for the offenses mentioned in the present Chapter shall be instituted only when the accused is found in Belgium, except in the cases stated in Article 6, numbers 1 and 2, and in Article 10bis.

[Law of April 30, 1947, Art. 2] However, when the offense was committed in time of war, the prosecution may be instituted, if the accused is a Belgian citizen in all cases, even if he is not present in Belgium, and, if the accused is a foreigner, she may be prosecuted) in addition in the cases stated in paragraph 1, if he is found in an enemy country or if his extradition can be obtained.

Art. 13. (Decree-Law of August 5, 1943, Art. 4] The preceding provisions shall not apply when the accused, who has been tried in a foreign country for the same offense, has been acquitted or when, after the conviction, the penalty was executed, prescribed, or when he was pardoned, except for the major or minor crimes committed in time of war.

Any detention imposed abroad (on the accused) as a consequence of the offense for which he has been convicted in Belgium, shall always be taken into account in the duration of the penalty of imprisonment.

Art. 14. In all cases stated in the present Chapter, the accused shall be prosecuted and tried in accordance with Belgian laws.

BULGARIA

The Communist Government established in Bulgaria after September 9, 1944 introduced a new Criminal Code of February 13, 1951, drafted along the line of Soviet doctrines in this field. This Code was entirely replaced by another on April 2, 1968, which also incorporated various criminal provisions scattered throughout a number of legislative acts.

1 Dürzhaven Vestnik (Official Law Gazette of Bulgaria), No. 26, Apr. 2, 1968 ; correction : id., No. 29, Apr. 12, 1968.

« 이전계속 »