6 \ Model Law on Computer and Computer Related Crime
Jurisdiction
4.
This Act applies to an act done or an omission made:
(a) in the territory of [enacting country];
(b) on a ship or aircraft registered in [enacting country];
(c) by a national of [enacting country] outside the jurisdiction of any country; or
(d) by a national of [enacting country] outside the territory of [enacting country],
if the person’s conduct would also constitute an offence under a law of the
country where the offence was committed.
NOTE: The nature of cyber crime is such that it is important to have an extended jurisdictional
basis for such offences, as often acts committed in the territory of one jurisdiction may have
a substantial impact on other jurisdictions. Some countries can address this issue through
case law that interprets “territorial jurisdiction” broadly to include situations where there is a
“real and substantial link” to that jurisdiction albeit elements of the offence may have been
committed elsewhere. In other countries the legislation specifically provides that jurisdiction
may be assumed where there is one substantial link to the country, which term is broadly
defined. Whichever approach is adopted, it is important that countries consider the question
of jurisdiction carefully and adopt provisions that will ensure no safe haven for those who
commit cyber crime.
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