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Old 17th Nov 2016, 09:38
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Legalapproach
 
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The original article contains the following comment regarding jurisdiction
Since the territoriality principle is the primary basis for jurisdiction in criminal law matters, the court first dealt with the issue of jurisdiction of the Swiss authorities. While the accident did not take place in the territory of Switzerland, Swiss law provides for criminal law jurisdiction based on the nationalities of the offender and the victim. Both X and Y were Swiss citizens.

In addition to the nationality requirement, double criminality was required to assert Swiss jurisdiction (ie, the offence must also be punishable in the state in which it was committed). Since Section 220 of the Criminal Code of Canada penalises the act of causing death by criminal negligence in a similar fashion as Article 117 Criminal Code of Switzerland, the court found that jurisdiction of the Swiss authorities was established. The court also decided that the provisions of the Criminal Code of Switzerland applied.
In so far as the fraud was concerned the representations amounting to fraud appear to have been made in Switzerland
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