Article 43 – Application of criminal offences

The offences established in accordance with this Convention shall apply irrespective of the nature

of the relationship between victim and perpetrator.

Article 44 – Jurisdiction

1 Parties shall take the necessary legislative or other measures to establish jurisdiction over any

offence established in accordance with this Convention, when the offence is committed:

a in their territory; or

b on board a ship flying their flag; or

c on board an aircraft registered under their laws; or

d by one of their nationals; or

e by a person who has her or his habitual residence in their territory.

2 Parties shall endeavour to take the necessary legislative or other measures to establish jurisdiction

over any offence established in accordance with this Convention where the offence is committed

against one of their nationals or a person who has her or his habitual residence in their territory.

3 For the prosecution of the offences established in accordance with Articles 36, 37, 38 and 39 of this

Convention, Parties shall take the necessary legislative or other measures to ensure that their

jurisdiction is not subordinated to the condition that the acts are criminalised in the territory where

they were committed.

4 For the prosecution of the offences established in accordance with Articles 36, 37, 38 and 39 of this

Convention, Parties shall take the necessary legislative or other measures to ensure that their

jurisdiction as regards points d and e of paragraph 1 is not subordinated to the condition that the

prosecution can only be initiated following the reporting by the victim of the offence or the laying

of information by the State of the place where the offence was committed.

5 Parties shall take the necessary legislative or other measures to establish jurisdiction over the

offences established in accordance with this Convention, in cases where an alleged perpetrator is

present on their territory and they do not extradite her or him to another Party, solely on the basis

of her or his nationality.

6 When more than one Party claims jurisdiction over an alleged offence established in accordance

with this Convention, the Parties involved shall, where appropriate, consult each other with a view

to determining the most appropriate jurisdiction for prosecution.

7 Without prejudice to the general rules of international law, this Convention does not exclude any

criminal jurisdiction exercised by a Party in accordance with its internal law.

Article 45 – Sanctions and measures

1 Parties shall take the necessary legislative or other measures to ensure that the offences established

in accordance with this Convention are punishable by effective, proportionate and dissuasive

sanctions, taking into account their seriousness. These sanctions shall include, where appropriate,

sentences involving the deprivation of liberty which can give rise to extradition.

2 Parties may adopt other measures in relation to perpetrators, such as:

– monitoring or supervision of convicted persons;

30 DE NOVEMBRO DE 2012_______________________________________________________________________________________________________________

69