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Passive extraterritoriality is recognised for all SEC related offences under the Somali Penal Code committed abroad against a Somali citizen as long as the double criminality principle is fulfilled, the victim files a complain and the offender is in the territory of Somalia, under Section 8.1 of the Penal Code. Universal jurisdiction is provided for any offence committed abroad under the conditions provided in Section 8.2 of the Penal Code: double criminality is required, the victim must have filed a complaint, the offender must be present in Somali territory, extradition must not have been granted and the prosecution must be authorised by the Minister of Grace and Justice. Double criminality is required for extraterritorial jurisdiction under Section 8 of the Penal Code.
There are no provisions establishing a minimum gravity for extraditable crimes, so it is unclear if all SEC offences under the Somali Penal Code are extraditable. Double criminality is required for extradition under Section 13 of the Penal Code.
Somalian Penal Code, 1964
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