E v Police Inspectorate of Basle

JurisdictionSuiza
CourtFederal Tribunal (Switzerland)
Switzerland, Federal Tribunal (Criminal Court of Cassation)
E
and
Police Inspectorate of Basle

Jurisdiction Territorial Whether punishment in State of nationality precludes prosecution in State of commission of offence Principle of ne bis in idem Whether recognized as a general rule of international law The law of Switzerland

The following is the text of the relevant part of the judgment of the Court:

3

The argument is unfounded. Accepting that every State itself defines the field of application of its criminal laws and the competence of its courts, it often happens that two States claim the right to exercise jurisdiction over a single factual situation. Such is always the case if the State where an offence was committed exercises jurisdiction on the basis of the generally recognized principle of territoriality whilst a second State considers that it is competent to prosecute an offender on the...

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