Philippine Bar review · Question

Practice question: Nationality Principle

Multiple Choice Medium

Practice question

A covered UNTOC offender is present in StateA, which refuses extradition solely because he is its national. StateB requests domestic prosecution under Article16(10). What follows?
  1. StateA must submit the case without undue delay to competent authorities under the treaty conditions
  2. StateA must guarantee conviction
  3. Nationality necessarily creates permanent impunity
  4. StateB automatically controls StateA’s courts
  5. No jurisdictional measures can be required

Legal references

  • UN Convention against Transnational Organized Crime, Articles15(3) and16(10): https://mandates.un.org/mandate/A/RES/55/25
  • RA9851 Section17: https://lawphil.net/statutes/repacts/ra2009/ra_9851_2009.html Accused-citizenship branch.

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