With regard to dual nationals, each state of which the offender is a national
should have the right to extend its penal jurisdiction to such persons based
on the active personality principle. In relation to persons who have changed
nationality it was proposed that the state of which the person is a national at
the time of the commission of the crime as well as the one whose nationality
(s)he bears at the time of prosecution should both be permitted to exercise
such jurisdiction. In turn, the state of permanent residence should have jurisdiction
over stateless persons as far as crimes committed after their having acquired
such a status are concerned, even if they subsequently abandon that
residence. Finally, the state of asylum should be entitled to active personality
jurisdiction over crimes committed by the refugee – only – after he had acquired
that status. Conversely, crimes committed after the person has fled that
state should not fall under the jurisdiction of the state of origin under the nationality
principle, but the former state could exercise jurisdiction over crimes
committed prior to the refugee seeking asylum elsewhere.
With regard to dual nationals, each state of which the offender is a national
should have the right to extend its penal jurisdiction to such persons based
on the active personality principle. In relation to persons who have changed
nationality it was proposed that the state of which the person is a national at
the time of the commission of the crime as well as the one whose nationality
(s)he bears at the time of prosecution should both be permitted to exercise
such jurisdiction. In turn, the state of permanent residence should have jurisdiction
over stateless persons as far as crimes committed after their having acquired
such a status are concerned, even if they subsequently abandon that
residence. Finally, the state of asylum should be entitled to active personality
jurisdiction over crimes committed by the refugee – only – after he had acquired
that status. Conversely, crimes committed after the person has fled that
state should not fall under the jurisdiction of the state of origin under the nationality
principle, but the former state could exercise jurisdiction over crimes
committed prior to the refugee seeking asylum elsewhere.
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