Reply #2 UncleDad's post
Extraterritorial prosecution DOES exist. Althoung, only US and Korean nationals really have to worry about . Law theory: 1)Region based-law applies to all activities in the country where a person is 2)Person based-la\w applies to acts of a person who is of the nationality of the country enacting a specific law. If a person visits a cannabis store in Amsterdam and posts a review on his blog, he will go to jail after returning to his country.Nowadays the cannabis stores in Netherlands do not allow foreigners anymore. Firearm possession in a foreign country with just permanent residence and licensing there can also result in the same. (Actual cases DO exist. This is why people are told to apply for a firearm license AFTER obtaining citizenship,not just residence).
There are cases in which South Koreans go to jail for meeting a North Korean overseas without prior approval. The same thing.
Also for overseas gambling.Many people get criminal charges for gambling abroad.even if the gambling involved smaller amounts below $10000.
Example: https://nocutnews.co.kr/news/4390756 . Prosecution for purchasing prostitution in another country. Evidence that intelligence agencies are involved in extraterritorial prosecution: http://news.donga.com/List/3/03/20060319/8286479/1 . The agencies use the overseas network of fake companies they used to crack down on democracy activists during the military regime. The East Berlin incident was such a case.
Export control violation on dual use items/copyright infringement are other well-known cases but these are off-topic .
Let's assume a US soldier visits a German brothel (legal there) and the army gets intel/info about that incident. Then the soldier gets up to 1 year in brig/DD. This is enacted since
the Bush jr.administration.
Again, only US and Korean nationals have to actually worry about this. Norway also has extraterritorial prosecution,Sweden is planning to do the same, but neither Norway nor Sweden
do have the organizational resources to enforce that.
Otherwise, an American meeting an FSB agent in Eastern Europe and handing over secret info would not constitute espionage. Laws apply to the person with the same nationality as the law itself as well. Search "속인주의".
And your claim about the punting passport is not correct. Getting one means losing nationality of the prior country, as most country require via their citizenship laws.
Assume a Korean becomes a German and gets the German passport. The person has lost Korean nationality at the moment he becomes a German national.
Lets assume the new German gets in contact with Korea's agent who is in charge of prosecuting overseas sex purchase(as per mentioned by the link above) . All the new german has to do is to
show his new passport or his Personalausweis ,maybe the certificate of loss of Korean nationality due to acquisition of new nationality.
This is how the legal system works.
[ Last edited by raradidi at 1-2-2018 00:20 ] | |
