Year: 2023
Year: 2023
Year: 2022
Year: 2022
Year: 2022
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Active extraterritoriality is provided for all SEC-related offences under the Malian Penal Code committed by Malian citizens abroad under Article 22 of the Code of Criminal Procedure. Double criminality is not required for those SEC-related offenses qualified as crimes, that is punished with at least 5 years of imprisonment under the Malian Penal Code.
With regards to trafficking offenses, active (including accomplices and perpetrators) and passive (if the offender is arrested or extradited to Mali) extraterritoriality are provided under Articles 16 and 17 of the Law on Trafficking in Persons, and double criminality is not required.
It is unclear whether all SEC related offences are considered extraditable, since there is no specification on minimum gravity. Double criminality seems to be required for extradition under Article 244 of the Code of Criminal Procedure, which states that after an extradition request the Indictment Chamber shall verify whether or not the offence being prosecuted is punishable in Mali.
SEC offences are referred to as extraditable under the European Arrest Warrant (EAW) framework within the EU without requiring double criminality if the act is punishable by a maximum period of at least three years of imprisonment in the requesting State.
Maltese Criminal Code, Extradition Act, 2012, 1982 (status as of 2010)
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