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Equatorial Guinea has not established active extraterritoriality. The Criminal Procedure Law provides for the application of passive personality jurisdiction for offences committed outside the territory against nationals of Equatorial Guinea if the double criminality requirement is fulfilled (Article 15 of the Criminal Procedure Law). Habitual residents are not included. Equatorial Guinea does not provide for universal jurisdiction over any crimes. Equatorial Guinean courts have jurisdiction over certain crimes committed outside the national territory but they are subject to the principle of double criminality and SEC related offences are not included.
Extradition of nationals is not permitted, nor the extradition of foreigners for crimes that correspond to the Guinean courts. Extradition is only allowed if the perpetrator has committed an offence in the territory of the requesting State; outside its territory by a national of that State; or outside its territory by a person foreign to that State, when the offense can be prosecuted under Equatorial Guinean law. The national legislation does not contain provisions on extradition of SEC related offences.
Code of Criminal Procedure, Law on Extradition, CEMAC Extradition Agreement, 2009, {not found}, 2004
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