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matter how minor the offense. 97 In France, a citizen can Netherlands.
be prosecuted for any crime (roughly equivalent to c. In United States v. Bowman, 104 the Supreme Court
felony) and many delits (misdemeanors) committed spoke to the circumstances under which a U. S. statute
abroad. 98 will be held to apply to conduct occurring outside United
(2) In the case of In re Guttierez, 99 the defendant States territory, where the statute does not expressly so
was a Mexican national charged with stealing a truck in provide. In this decision, the Court held that a statute
Texas. The Mexican court dismissed his challenge to its punishing conspiracy to defraud a United States-owned
jurisdiction on the broad ground, apparently, that a crime corporation was applicable to conduct taking place on the
committed abroad by a Mexican national is punishable in high seas. The Court stated that to limit the statute's scope
Mexico. to "the strictly territorial jurisdiction" would be greatly to
(3) A Dutch national ". .. is liable to prosecution in curtail its usefulness and to leave open "a large immunity
Holland for an offense committed abroad, which is for frauds as easily committed by citizens on the high seas
punishable under Netherlands law and which is also and in foreign countries as at home." In such cases, the
punishable under the law of the country where the offense Court continued, Congress had not "thought it necessary
was committed. . . ." 100 to make specific provision in the law that the locus shall in-
(4) In the case of In re Roquain, 101 Belgium, Court clude the high seas and foreign countries, but allows it to
of Cassation, 1958, the defendant, while lawfiiy mar- be inferred from the nature of the offense." 10s The con-
ried, committed adultery in Paris. The court held the de- viction of three United States nationals was accordingly
fendant could not be prosecuted because under "the law affimed on the ground that they were "certainty subject
governing criminal proceedings in respect of offenses to such laws as [the United States] might pass to protect it-
committed outside Belgian territory," the offense of adul- self and its property." 106 The Court expressly reserved
tery may be prosecuted only if it was committed against a the question whether there was jurisdiction to try to a
Belgian national. fourth conspirator, a British subject, who had not been ap-
(5) As to offenses generally, Spain apparently will prehended. 107
not prosecute a Spanish national for an offense committed d. Difficult questions arise when there is a conflict be-
abroad unless the victim is also of Spanish na- tween the demands of the state of which the individual is a
tionality. 102 national and those of the state in which he is residing. It
(6) In X. v. Prosecutor, Netherland. 103 District has been held, however, that a state has jurisdiction to try
Court of Middleburg, 1952, Court of Appeal of the and punish one of its nationals for an offense committed
Hague, 1952, the defendant was a national of the against its laws while he is residing abroad. 108
Netherlands. She lost her nationality by marriage, then e. The problem of civil jurisdiction is one in which in-
committed outside the Netherlands a criminal offense for ternational law leaves to each state a very wide choice. For
which she was prosecuted and convicted in the state where instance, U. S. courts may deal with contracts made be-
it was committed. Upon the dissolution of her marriage, tween two French citizens in France with regard to con-
she recovered her former Dutch nationality. She was then duct performed in that state. Although applying French
prosecuted for the same offense in the Netherlands. It was law, the court will nevertheless take jurisdiction, because,
held that the previous prosecution abroad did not preclude under U. S. law, the question of civil jurisdiction depends
a new prosecution in Holland, though it might mitigate usually on the service of a summons or the attachment of
the punishment, and moreover, she could not object to property within U. S. territorial jurisdiction. 109 Under ex-
the prosecution on the ground that she had lost her na- isiting admiralty law, an individual may bring civil suit
tionality at the time the offense was committed. Any alien against a vessel, regardless of the location of the port in
committing an offense abroad could be prosecuted if and which it is located and "arrested." 110
when such person subsequently became a citizen of the
104. 260 U.S. 94 (1922).
97. Indian Penal Code, 5 4 (3d ed. 1965). 105. Id. at 98.
98. Code de Procedure Penale, Art. 689 (Dalloz ed. 1966); see 106. Id. at 102.
Delaume, Jurisdiction over Crimes Committed Abroad: French and 107. AS noted in n. 35, supra, the proposed Federal Criminal Code
American Law, 21 Geo. Wash. L. Rev. 173 (1952); 1 Travers, Le Droit deals with extraterritorial jurisdiction in 5 204 of the Criminal Justice
Penal International 584-631 (1920). See also, German Penal Code Reform Act of 1975.
(Strafgesetzbuch) 5 3 (German criminal law applicable to Germans 108. It has been held that a state has jurisdiction to try and punish
whether act committed in Germany or abroad), 5 4 (German criminal one of its nationals for an offense committed abroad, even though he is
law applicable to persons acquiring German citizenship after criminal act also a national of the state in which the offense was committed. Coumas
has been committed). v. Superior Court, 31 Cal.2d 682, 192 P.2d 449 (1948); Kawakita v.
99. 24 Int7 L. Rep. 265 (1961). United States, 343 U.S. 717, 72 S.Ct. 950, 96 L.Ed. 1249 (1952).
100. Public Prosecutor v. Y., 24 Int7 L. Rep. 264-265 (1961). 109. McDonald v. Mabee, 243 U.S. 90 (1917); International Shoe
101. 26 Int'l L. Rep. 209, (1963). Co. v. Washington, 326 U.S. 310, 316 (1945).
102. Forgery Committed in Venezuela by a Spaniard, 89 Journal du 110. Suits against vessels are in rem proceedings. For that reasor).
Droit International 189 (1962). the cases generally contain only the name of the ship which has been
103. X v. Prosecutor (Netherlands), 19 Int'l L. Rep. 226 (1957). libeled.