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Active extraterritorial jurisdiction is not provided for crimes committed outside Guinea-Bissau by Bissau-Guineans. Passive extraterritorial jurisdiction is provided for crimes committed outside Guinea-Bissau against Bissau Guineans if the perpetrator is found in Bissau-Guinean territory and habitually resides in Guinea-Bissau. If the perpetrator does not habitually resides in Guinea Bissau at the time when the crime is committed, Guinean legislation is applicable if the crime is punishable by the law of the place where the crime was committed (double criminality), it is a crime that admits extradition and extradition cannot be granted. Universal jurisdiction is provided over electoral crimes, crimes against national economy , diversion or withdrawal from ship or aircraft, prohibited weapons and criminal association. SEC related crimes are not included.
Extraterritorial jurisdiction is also provided over some crimes if the agent is found in Guinea-Bissau and their extradition is not possible. This provision does not include SEC related crimes.
Extradition is not sufficiently regulated and there is no specific provision on the extradition of SEC related offences under Bissau-Guinean legislation. Moreover, under the current laws is not clear if the principle of double criminality is required for proceeding with extraditions. Bissau-Guinean nationals cannot be extradited.
Criminal Code, Code of Criminal Procedure, Constitution, 2007, 2007, 1996
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