The effect of criminal law in space
The criminal law is a certain setfederal legal norms. That is why it is valid throughout the territory of the Russian Federation. Consider the operation of this law in space. First of all, the issue of the place where the crime was committed is of great importance here. It is authorized on the basis of four principles. In particular, they are:
- Territorial feature. That is, the operation of the criminal law in the space with respect to each person who committed unlawful acts in the territory of the Russian Federation, regardless of his citizenship or the absence thereof. The territory of the Russian Federation means, in particular, airspace, inland waters and the sea. In addition, crimes committed on military aircraft and naval ships fall under the legal norms of Russia, regardless of their location. A place where there was a completely unlawful action is usually considered to be the point where a dangerous act occurred. In this case, the place where the consequences occurred is not taken into account. If the crime was continued, the key point is considered to be the point where the last of the dangerous acts occurred. If the unlawful act was lasting, the operation of the criminal law in the space applied to the place where the criminal activity was completed. If the complicity of several persons was established, the place where the act was committed by the perpetrator is taken into account.
- Citizenship. The effect of the criminal law in space implies that Russian citizens who committed dangerous acts in the territory of another country should be punished by Russian law in two cases. First, if a person's actions were recognized as a crime in a foreign country. Secondly, if the offender was not convicted in a country where unlawful acts were committed. The second paragraph excludes the possibility of re-imprisonment of a person who has already incurred responsibility for his actions.
- Issuance of persons who have committed an unlawful act. Extradition involves the transfer of the guilty person to another state. This is done for the purpose of further trial, or the implementation of an already pronounced sentence. All the nuances of extradition are taken into account in international laws and treaties. It is worth noting that a person who is a citizen of the Russian Federation can not be extradited at the request of another country. At the same time, Russia provides the right of asylum. In particular, it is prohibited to extradite people who have been persecuted for their political beliefs.
- A real and universal principle. With the universal principle, the operation of the criminal law in space implies that persons who do not have citizenship, as well as foreigners who do not reside permanently in Russia and who commit illegal acts outside its territory, are convicted in the Russian Federation in cases stipulated by treaties between the countries. In addition, criminals are responsible in the Russian Federation when they were not convicted in another country.
The real principle assumes that foreigners andstateless persons who do not reside in Russia on a permanent basis and who have committed unlawful acts not on its territory must be convicted if their actions are directed against the interests of the Russian Federation. In addition, this principle also implies that people who have escaped punishment in another country should be held liable under Russian law.
The considered norms of criminal law are necessaryto establish order in relations between countries, as well as to implement the principle that the crime should be punished in any case. Many of the nuances of these laws define various international treaties.