Two
Aspects of the Territorial Principle
The
territorial principle has two aspects
• Subjective aspect
• Objective aspect
Under
the subjective aspect of territorial jurisdiction a sovereign is recognized as
having the power to adopt criminal laws that apply to crimes that are
physically committed within his territorial borders. So, for example, the
Under
the objective aspect of territorial jurisdiction a sovereign is recognized as
having the power to adopt a criminal law that applies to crimes that take
effect within its borders even if the perpetrator performs the act outside of
its borders. The Internet and the wave
of cybercrime which the Internet has fostered have made the objective aspect of
the territorial principle increasingly important.
1. What did the
court say about the jurisdiction of the
2. On what facts
did the court rely to determine that the United States had jurisdiction to
prosecute Ivanov if the statutes under which he was prosecuted do not have an
extra-territorial effect?
Crim Juris 16