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Two
conditions must be fulfilled in order to pursue, on the national
level, a criminal who committed his crime outside the Lebanese
territories:
1-The committed crime should not be subject to the
territorial ,subjective, or personal
competence as defined by
articles 15 to 17, the conclusion of article 18 , and articles
19 to 21
of the the Lebanese penal code.
2-The extraction conditions stipulated in articles 31,33,and 34
of the Lebanese penal codes
should be fulfilled.
Thus, a notice of research is issued against him on the national
level, and when arrested, he is submitted to the office of the
Public Prosecutor at the Supreme Court in order to make a
decision about handing him over to the requesting country on
basis on the international agreements or the principle of
reciprocity.
Article
15: The Lebanese legislation shall apply to all crimes
committed on the Lebanese territories.
The crime is considered to be committed on the Lebanese territories:
1- If one of the crime elements, an act of an undivided crime, or an original or a
secondary act
were perpetrated on the Lebanese territories.
2- If the result of the crime occurred or was expected to
occur on the Lebanese territories.
Article 16 : The Lebanese territories include the atmosphere
that covers them.
Article 17 : Are considered to be of the Lebanese territories,
for the application of the penal legislation:
1- The territorial sea up to 20 (twenty) Kms from
the coast, as of the minimum level of the ebb.
2- The atmosphere that covers the territorial sea.
3- The Lebanese vessels and airplanes.
4- The foreign territories occupied by the Lebanese army, if
the committed crimes may
undermine the security or the interests
of the army.
5- (added by law NR 513, dated 06/06/1996).
The limitrophe zone, the prohibitive economic zone and the
continental shelf, belonging to Lebanon, in addition to the
static platforms in this continental shelf, in application
of the UN convention of the law on seas, signed on 10/12/1982
in Montego Bay (Jamaica), to which the government adhered, by virtue of law NR 29, dated 22/02/1994.
The end of the first paragraph of article 18:
The Lebanese
legislation shall not apply:
1- In the Lebanese atmosphere, to the crimes committed on
board of a foreign airplane, if the
crime does not go beyond
the airplane.
However, are subject to the Lebanese legislation, the crimes
which do not go beyond the airplane, if the perpetrator or
the victim are Lebanese nationals or if the airplane landed
in Lebanon after the crime was committed.
Article 19: (as amended by law NR 513, dated 06/06/1990)
.
The Lebanese legislation shall apply to every
Lebanese, foreign national, or stateless person who commits,
whether as perpetrator, accomplice, instigator or
accessory,
outside the Lebanese territories or on board of a foreign
airplane or vessel:
1- Crimes against the security of the State; forges
the stamp of the state; counterfeits Lebanese
or foreign currencies or bonds which are legally
or conventionally in circulation inside
Lebanon, or Lebanese passports, visas, identity cards or civil status
extracts.
However, such regulations shall not apply to foreign
national whose act is contrary to the International Law.
2- Crimes against the safety of air and water navigation,
stipulated in articles 641, 642 and 643,
amended in the penal
code .
3- One of the crimes against the safety of the static platforms
in continental shelf, belonging to
one of the countries of
the Roma Protocol, dated 10/03/1988.
4- Crimes in order to force Lebanon to execute or abstain
from doing an act, if in such case a
Lebanese national was
intimidated, confined, wounded
or killed.
Article 20: The Lebanese legislation shall apply to every
Lebanese national, who commits as perpetrator, instigator
or accessory, outside the Lebanese territories,
a crime or an infraction, sanctioned by the Lebanese legislation.
The same goes even if the defendant has lost or obtained
the Lebanese citizenship after committing the crime or the
infraction .
Article 21: The Lebanese legislation shall apply outside
the Lebanese territories
to:
1- Crimes committed by the Lebanese employees, during the
execution of their mission .
2- Crimes committed by the employees of the diplomatic corps
or by the Lebanese consuls, who
enjoy immunity, by virtue
of the General International Law .
Article 31: Extradition shall be allowed when the crimes:
1- are committed in the territories of the extradition
requesting country.
2- undermine the security of the State or its
financial status.
3- are committed by one of its citizens.
Article 33: This article was amended by law-decree NR 112,
dated 16/09/1983, as follows:
Extradition shall be rejected:
1- If the Lebanese legislation does not punish the crime
by a criminal sentence or if the
conditions of the perpetration
of the crime cannot be available in Lebanon, because of its
geographical situation.
2- If the sentence stipulated in the law of the extradition
requesting country or in the law of the
State where the acts
have been committed, does not exceed 1 (one) year of imprisonment
for
the whole crimes, subject of the request.
Extradition shall also be rejected when the imposed sentence is
of less than 2 (two)
months of imprisonment.
3- If the judgment pronounced in Lebanon has been irrevocable
or the sentence have been
dropped according to the Lebanese
legislation, the jurisdiction of the extradition requesting
country, or that of the country where the crime has been committed
.
Article 34: Extradition shall also be rejected:
1- If the extradition request deals with a political crime
or is for a political reason .
2- If the defendant has been enslaved in the extradition requesting
country .
3- If the sentence imposed by the jurisdiction of the extradition
requesting country is contrary to
the regime of the community.
Article 641: (amended by law NR 513, dated 06/06/1996).
Shall be sentenced to temporary hard labor,
whoever:
-Takes over, illegally and by any means, an
anchored or a sailing vessel or the goods it carries;
or makes
any
maritime forgery operations or piracy acts; takes control of
the vessel or
commands it or forces its captain
or commander to change the route whether by intimidating
him
or by using violence.
-Takes over, illegally and by any means, a static
platform in the continental shelf or controls it by
intimidation or
by using violence.
-Commits illegally and intentionally one of the following
acts which may undermine the safety of
the vessel, the
security of the maritime navigation, or the static platform
of the continental shelf:
1- Destroying the vessel or causing heavy damages to it or
to its loading.
2- Putting or forcing the others to put a device or a
substance on board of a vessel or a static
platform, to
endanger them or cause damages to the loading.
3- Causing heavy damages to a port used for maritime
navigation, to the premises, the
equipment or the services of the maritime
navigation; or trying to seriously impede their
function.
4- Reporting false information intentionally.
According to article 258
of the Penal Code, the sentence issued against the captain of
the vessel will be tightened if he is the perpetrator of
the crime , an accomplice, an instigator or an accessory
to it.
The captain may also be decisively banned from the exercise of the profession,
as well as the other perpetrators, accomplices, instigators
or accessories to the crime if their profession is related to the maritime
navigation or trade.
Article 642: (amended by law NR 513, dated 06/06/1996).
A sentence of life hard labor shall be pronounced if one
of the crimes stipulated in article 641 (amended) of the Penal
Code, has been committed by two or more armed persons, who
used arms or threatened to use them; or if there was use of
violence when the crime was committed.
A sentence of capital punishment shall be pronounced if
the crime led to the drowning of the vessel, the death of any
passenger, the destruction of the
static platform, or the death of any person being on it.
The sentence shall be restricted to temporary hard labor imprisonment if
the crime led to the destruction of the premises, the equipment
or the services of the maritime navigation,
or to the death
of any person, because of terror or any other reason related
to the crime.
Article 643: (amended by law NR 513, dated 06/06/1996)
Shall
be sentenced to temporary hard labor, whoever:
- Takes over, illegally and by any means,
an airplane while flying, controls or commands it,
threatens or uses violence in
order to change
its route.
- Commits illegally and intentionally one of the following
acts, which may undermine the safety of
the air navigation
or the security of the airplane:
1- Causing intentional damages to an airworthy airplane,
making it out of order.
2- Causing intentional damages to the premises or equipment
or services of the air navigation
or causing intentional damages
to the premises of the airport .
3- Intentionally reporting false information.
A sentence of life hard labor shall be pronounced, if one
of the crimes stipulated in this article has been committed
by two or more armed persons, who used arms or threatened
to use them; or if there was use of violence when the crime
was committed.
A sentence of capital punishment shall be pronounced if the perpetrator
commits, by any means, an act of sabotage which may endanger
the safety of the airplane or if the act leads to the death
of a person, because of terror or any other reason related
to the crime.
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