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The Chadian Criminal Code provides for the application of active personality jurisdiction for offences committed outside the territory by nationals and residents provided that the facts are punishable by Chadian law and the law of the place of their commission (double criminality). The Chadian Criminal Code does not provide for the application of passive extraterritorial jurisdiction for offences committed outside the territory against its nationals and residents and does not establish universal jurisdiction. Quasi universal jurisdiction is provided over certain crimes such as human trafficking or cybercrime, but it is conditioned to the perpetrator being found in Chad and not extradited (Article 10 of the Criminal Code). Similarly, Chadian courts have jurisdiction over war crimes, crimes against humanity, genocide, crimes against the security of the State, forgery of State’s seal or national currency, if the perpetrator is found in Chadian territory. SEC related offences are not included in these provisions.
Chadian nationals cannot be extradited and extradition is only allowed if the offence has been committed either on the territory of the requesting State; or outside its territory by a national of that State; or outside its territory by a foreign individual to that State, when the offense can be prosecuted under Chadian law. Extraditions are subject to the principle of double criminality and the principle of severity of the punishment, and there are no specific provisions on the extradition of SEC related offences in the national legislation.
Criminal Code, Code of Criminal Procedure, Constitution, 2017 ,2017 (status as of 2019) ,2018
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