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Active extraterritorial jurisdiction is provided over Haitian citizens who commit a crime outside Haiti if the crime is punishable under the law of the country in which the crime was committed (double criminality). Passive extraterritorial jurisdiction is provided over Haitian citizens and foreigners who commit a crime outside Haiti if the victim is Haitian at the moment of the commission and the crime is punishable with imprisonment. Habitual residents are not included in these provisions. Extraterritorial jurisdiction is also applicable to any crime committed outside Haiti and punishable by imprisonment of at least five years by foreigners whose extradition has been denied.
Extraditable offences are those that qualify as “crimes” under Haitian law and punished with an afflictive or infamous penalty (forced labour, imprisonment) by the legislation of the State on the territory in which it was committed, which is the case for the majority of SEC offences given that the Criminal Code (Articles 296 to 311) rank them among the serious offences. Haitian law requires double criminality in order to grant extradition under Article 2 of the Law on the Extradition of Fugitive Criminals.”
Criminal Code, Code of Criminal Procedure, Law on Extradition of Fugitive Criminals, 2020,1826, 1912
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