criminal-law criminal-procedure extradition extraterritorial-jurisdiction
Can Tunisia prosecute for crimes committed outside its territory?
<p>I was doing some research into extradition recently, having been inspired by The Great Train Robbery. Since the story involved extradition of British nationals, that committed a crime within the UK, I had a brief look into countries which do not have extradition treaties.</p>
<p>I stumbled upon extraterritorial jurisdiction, which is when a person can be reprimanded for an action which took place outside of that country's borders. Very shocking indeed!</p>
<p>Tunisia does not have an extradition treaty in the UK, but I was wondering whether they could charge someone for a crime committed outside of Tunisia on the basis that the person is living there as a resident (or other scenarios)? For example, they came over on a British passport and remained living there for a period of several years.</p>

<p>The <em>The Great Train Robbery</em> (if committed today) would be considered an <strong>Organized Crime</strong>.</p>
<p>Tunisia ratified the <a href="https://treaties.un.org/pages/ViewDetails.aspx?src=TREATY&amp;mtdsg_no=XVIII-12&amp;chapter=18&amp;clang=_en" rel="nofollow noreferrer">United Nations Convention against Transnational Organized Crime</a> on the 2003-06-19.</p>
<p>Therefore Tunisia could charge any participants of that crime, based on domestic law, should they deside not to extradite them.</p>
<hr />
<blockquote>
<p><a href="https://www.unodc.org/unodc/en/organized-crime/intro/UNTOC.html" rel="nofollow noreferrer">United Nations Convention against Transnational Organized Crime</a></p>
<ul>
<li>where the text of this Convention can be downloaded as PDF</li>
</ul>
<p><strong>Article 2. Use of terms</strong><br />
(a) “Organized criminal group” shall mean a <strong>structured group of three or more persons</strong>, existing for a period of time and acting in concert with the aim of committing one or more serious crimes or offences established in accordance with this Convention, in order to obtain, directly or indirectly, a financial or other material benefit;<br />
...<br />
<strong>Article 15. Jurisdiction</strong><br />
4. Each State Party may also adopt such measures as may be necessary to establish its jurisdiction over the offences covered by this Convention <strong>when the alleged offender is present in its territory and it does not extradite him or her</strong>.</p>
</blockquote>
