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Monaco recognises universal jurisdiction for SEC related offences given that the offender is located in Monaco under article 8(3) of the Criminal Procedure Code. Active extraterritoriality is provided for all crimes without any restrictions under article 5 and for offences (less severe crimes) under article 6, with the condition that double criminality is fulfilled and prosecution is requested by the Public Prosecutor Office, the victim or the authorities of the State where the crime was committed. Passive extraterritoriality is provided in article 9 but with the same conditions and limitations stated in article 6. Double criminality is not required for extraterritorial jurisdiction for SEC related crimes under article 8(3).
SEC related offences would be extraditable if they were punished with at least one year of imprisonment under Monegasque law and fulfill the double criminality requirement under article 2 of Law 1222 on Extradition. Monegasque nationals cannot be extradited under article 7 of Law 1222.
Code of Criminal Procedure of Monaco, Law 1222 on Extradition, Criminal Code of Monaco, 1963 (status as of 2023), 1999, 1967 (status as of 2023)
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