Criminal Code of DPR in space

Extracts for legal literacy News

As part of legal information, the Human Rights Ombudsman in the Donetsk People’s Republic explains the criminal law in space in terms of the grounds for criminal prosecution persons who have committed a crime outside the Donetsk People’s Republic.

In accordance with Clause 1 of Article 12 of the Criminal Code of the DPR, citizens of the Donetsk People’s Republic and stateless persons permanently residing in the Donetsk People’s Republic who have committed a crime outside the Donetsk People’s Republic against the interests protected by this Code are subject to criminal prosecution in accordance with this Code, if there is not a court decision of a foreign state in relation to these persons.

According to Clause 2 of Article 12 of the Criminal Code of the DPR, servicemen of military units of the Donetsk People’s Republic stationed outside the Donetsk People’s Republic, for crimes committed on the territory of a foreign state, bear criminal responsibility under this Code, unless otherwise provided by an international treaty of the Donetsk People’s Republic.

That is, a person can be held accountable regardless of the territory in which the crime was committed, provided that there is no re-conviction by a court of national/foreign jurisdiction for a previously committed criminal offense.

In addition, Clause 3 of Article 12 of the Criminal Code of the DPR states that foreign citizens and stateless persons who do not permanently reside in the Donetsk People’s Republic who have committed a crime outside the Donetsk People’s Republic are subject to criminal liability under this Code in cases where the crime is directed against the interests of the Donetsk People’s Republic or a citizen of the Donetsk People’s Republic or a stateless person permanently residing in the Donetsk People’s Republic, as well as in the cases provided for by the international treaty of the Donetsk People’s Republic, if foreign citizens and stateless persons who do not permanently reside in the Donetsk People’s Republic have not been convicted in a foreign state and are brought to a criminal responsibility on the territory of the Donetsk People’s Republic.

Thus, the CC of the DPR provides guarantees of the inevitability of criminal and legal measures against foreign persons, as well as stateless persons who encroach on the legitimate rights and interests of the Donetsk People’s Republic, being outside its borders.

Meanwhile, Clause 1 of Article 13 of the Criminal Code of the DPR states that citizens of the Donetsk People’s Republic and the Union of People’s Republics who have committed a crime on the territory of a foreign state are not subject to extradition to this state.

It follows from the above that the issue of bringing to criminal prosecution a citizen of the Donetsk People’s Republic who committed a criminal offense on the territory of a foreign state will be resolved by the law enforcement agencies of the Donetsk People’s Republic.

In turn, Clause 2 of Article 13 of the Criminal Code of the DPR establishes that foreign citizens and stateless persons who have committed a crime outside the Donetsk People’s Republic and located on the territory of the Donetsk People’s Republic may be extradited to a foreign state for criminal prosecution or serving a sentence in accordance with the international treaty of the Donetsk People’s Republic.

Based on the above, it should be mentioned that belonging to the citizenship of any of the states, lack of citizenship, residence on the territory of the Donetsk People’s Republic or outside of it, etc., are not an obstacle to the criminal law, which, under any circumstances, exposes the offender to negative for him/her the consequences of a legal nature. Undoubtedly, ensuring the inadmissibility to criminal responsibility twice for the same crime is a fundamental principle, which the competent authorities are obligatory guided by during the application of criminal law norms.