Jurisdiction in Europe
Definition of Jurisdiction
(1) The power of a Court or Judge to entertain an action, petition or other proceeding. (2) The district or limits within which the judgments or orders of a Court can be enforced or executed (territorial jurisdiction).
Criminal Law Jurisdiction
The jurisdiction to deal with crime is primarily territorial, and can be exercised only as to acts done within the territory or territorial waters, or on the ships of the law-giver. Extra territorium jus dicenti impune non paretur. No Jurisdiction. state will enforce the penal laws of another nor permit the officer of another state to execute its laws outside its own territory. But international law recognizes the competence of a state to make its criminal law binding on its own subjects wherever they are, and perhaps even to punish foreigners who outside its territory do acts which menace its internal or external security, e.g. by dynamite plots or falsification of coin. Apart from extradition arrangements the national law cannot reach such persons, be they citizens or aliens, until they come within the territory of the state whose law has been broken.
The codes of France, Germany and Italy make the penal law national or personal and not territorial. In some British colonies whose legislatures have a derived and limited legislative authority, indirect methods have been taken to deal within the colony with persons who commit offences outside its territory.
Throughout the development of the English criminal law it showed and retains one particular characteristic that crime was treated as local, which means not merely that the common law of England was limited to English soil, but that an offence on English soil could be “inquired of, dealt with, tried, determined and punished” only in the particular territorial division of England in which it was committed, which was and is known as the venue (q.v.). Each township was responsible for crimes within its boundaries, a responsibility made effective by the “view of frankpledge,” now obsolete, and the guilt or innocence of every man had to be determined by his neighbours. This rule excluded from trial by the courts of common law, treasons, etc. committed by Englishmen abroad and piracy; and it was not till Henry VIII.’s reign (1536, 1544) that the common-law mode of trial was extended to these offences.
The legislature has altered the common law as to numerous offences, but on no settled plan, and except for a bill introduced about 1888, at the instance of the 3rd marquess of Salisbury, no attempt has been made to make the English criminal law apply generally to subjects when outside the realm; and in view of the complicated nature of the British empire and the absence of a common criminal code it has been found desirable to remain content with extradition in the case of crimes abroad, and with the provisions of the Fugitive Offenders Act 1881 in the case of criminals who flee from one part to another of the empire.
The localization in England of crime, and the procedure for punishing it, differ largely from the view taken in France and most European countries. The French theory is that a Frenchman owes allegiance to the French state, and commits a breach of that allegiance whenever he commits a crime against French law, even although he is not at the time within French territory. In modern days this theory has been extended so as to allow French and German courts to punish their subjects for crimes committed in foreign countries, and by reason of this power certain countries refuse to extradite their subjects who have committed crimes in other states.
Source: Encyclopedia Britannica (1911)
Browse
You might be interested in these references tools:
| Resource | Description |
|---|---|
| Jurisdiction in the Dictionaries | Jurisdiction in our legal dictionaries |
| Related topics | Browse topics from the European Encyclopedia of Law |
| Browse the Legal Thesaurus | Find synonyms and related words?. |
| Jurisdiction related entries | Find related entries of this Jurisdiction |
Jurisdiction in other legal encyclopedias
If you search for an entry, then decide you want to see what another legal encyclopedia says about it, you may find your entry in this section.
| Link | Description |
|---|---|
| Jurisdiction | Jurisdiction in the International Legal Encyclopedia. |
| Jurisdiction | Jurisdiction in the American Legal Encyclopedia. |
| Jurisdiction | Jurisdiction in the Asian Legal Encyclopedia. |
| Jurisdiction | Jurisdiction in the UK Legal Encyclopedia. |
| Jurisdiction | Jurisdiction in the Australian Legal Encyclopedia. |
See related entries below:
Jurisdiction over Mergers in the European Union
Jurisdiction and the Laws of International Trade
Resoruces
See Also
Jurisdiction Ratione Temporis; Lex Mitior in Germany
Provisions relating to jurisdiction ratione temporis; lex mitior in the German Criminal Code [1]: This criminal issue is covered by Chapter One the Criminal Lawunder the First Title, Application, Jurisdiction Ratione Loci et Temporis,” located in Section 2 Jurisdiction ratione temporis; lex mitior, which reads: (1) The penalty and any ancillary measures shall be determined by the law which is in force at the time of the act. (2) If the penalty is amended during the commission of the act, the law in force at the time the act is completed shall be applied. (6) Unless otherwise provided by law, measures of rehabilitation and incapacitation shall be determined according to the law in force at the time of the decision. (3) If the law in force at the time of the completion of the act is amended before judgment, the most lenient law shall be applied. (4) A law intended to be in force only for a determinate time shall be continued to be applied to acts committed while it was in force even after it ceases to be in force, unless otherwise provided by law. (5) Subsections (1) to (4) shall apply mutatis mutandis to confiscation, deprivation and destruction. (6) Unless otherwise provided by law, measures of rehabilitation and incapacitation shall be determined according to the law in force at the time of the decision.
Jurisdiction in Germany
Provisions relating to jurisdiction in the German Criminal Code [1]: This criminal issue is covered by Chapter Four, under the heading “Offences Against Constitutional Organs and in the Context of Elections and Ballots,” located in Section 108d Jurisdiction, which reads: Sections 107 to 108c shall apply to elections to the parliaments, election of members of the European Parliament, other popular elections and ballots in the Federation, the member states, municipalities and municipal associations, as well as direct elections in the social security system. The signing of nomination papers or the signing of a popular referendum shall be equivalent to an election or ballot.
Application, Jurisdiction Ratione Loci et Temporis in Germany
Provisions relating to application, jurisdiction ratione loci et temporis in the German Criminal Code are located in Chapter One the Criminal Lawin relation to First Title, Application, Jurisdiction Ratione Loci et Temporis
There is additional information on the German criminal system, covering application, jurisdiction ratione loci et temporis and related issues, here. For details on the German legal system, please see here.
Resources
Notes
- The content of the translated German penal code in relation to jurisdiction is current as of 2010
Resources
Notes
- The content of the translated German penal code in relation to jurisdiction ratione temporis; lex mitior is current as of 2010