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Kiribati has not established active or passive extraterritorial jurisdiction. Kiribati legislation applies to offences committed partly within and partly beyond the jurisdiction in the same manner as if such act had been done wholly within the jurisdiction. The Criminal Code does not provide for universal jurisdiction over crimes, regardless of where they are committed, the nationality of the offender or the laws of the place where they are committed.
Extraditable offences are those punishable with a maximum penalty of death or imprisonment, or other deprivation of liberty, for a period of one year or more in both the requesting State and in Kiribati (double criminality). There are no specific provisions on extradition of SEC related offences in the national legislation. However, most SEC related offences are felonies that are punishable with imprisonment of three years or more and therefore could be considered as extraditable offences.
Criminal Code, Extradition Act, 1977, 2003
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