Practice question
A cybercrime scheme includes essential criminal acts performed inside State A and separate acts abroad. A's applicable statute covers the conduct, and the accused later enters A lawfully. Counsel argues that the presence of any foreign act destroys A's territorial basis. Assume no immunity or contrary treaty. What is the best response?
- Foreign acts automatically legalize all domestic acts.
- A must prove that every participant is its national.
- The identified domestic criminal acts can support territorial jurisdiction; the foreign component does not by itself erase that basis.
- A may therefore raid foreign premises without consent.
- A has jurisdiction only if no other State could prosecute.
Legal references
- Revised Penal Code, Article 2: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/28/20426
- UN Convention against Transnational Organized Crime, Articles 4 and 15: https://mandates.un.org/mandate/A/RES/55/25
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