Philippine Bar review · Question

Practice question: Nationality Principle

Multiple Choice Hard Jurisprudence

Practice question

State A validly criminalizes a covered offense committed abroad by its nationals. Its citizen is in State B, which refuses consent to A's police operation. A argues that citizenship gives it a right to seize its citizen anywhere. What is the proper distinction?
  1. Nationality automatically transfers sovereignty over every place the citizen visits.
  2. A's nationality basis does not itself authorize police enforcement in B without a lawful basis.
  3. A's law necessarily ceases to apply when a citizen travels.
  4. Only the victim's nationality ever matters.
  5. A may ignore B if it uses its own handcuffs.

Legal references

  • UN Convention against Transnational Organized Crime, Articles 4 and 15: https://mandates.un.org/mandate/A/RES/55/25
  • Revised Penal Code, Article 2: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/28/20426
  • UNODC, Guide for the Legislative Incorporation and Implementation of Universal Anti-Terrorism Instruments, paragraph 359: https://www.unodc.org/documents/terrorism/Publications/Guide_Legislative_Incorporation_Implementation/English.pdf

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