請問如困某人在大使館館內犯法,會依哪國法律對其作出懲處?

2010-05-02 8:27 am
請問如困某人在大使館館內犯法,會依哪國法律對其作出懲處?

如:某人在美國駐港總領事館內犯法,請問會否當作在美國境內犯法?

回答 (2)

2010-05-04 9:55 pm
✔ 最佳答案

請問如困某人在大使館館內犯法,會依哪國法律對其作出懲處?



請問如困某人在大使館館內犯法,會依哪國法律對其作出懲處?

THIS QUESTION IS VERY MUCH DEPENDS IT MAY OR MAY NOT BE TAKEN CARE OF IN THE SOVEREIGNTY OF THE NATION

To understand why i said that, you need to know how to arrest people.
In term of law, only people with power to arrest can detain people for judicary process. Anyone without the power of arrest, will committed kidnipping and/or Unlawful Detainment of a person. One things could trump that tho, that is "Civil Arrest" Power

So it depends on 2 things.

1.) Is the Sovereignty Nation have the right for Civil Arrest
2.) If that sovereignty have LEO (Law Enforcement Officer) oin duty with right to detain?

In most common law country, civil arrest is a crime, so, in most Britain, Australian and Singpaure consulate or Embassy, they will contact local law enforcement to deal with the situation.

Say for example, a person stole something in Australian Consulate in Hong Kong, the perp will be deal with via HK law as no Australian Official will be able to arrest and detain that person.

However, this would be countermended if the consulate have anykind of LEO stationed there.

SAme example, now put a AFP (Australian Federal Police) officer stationed in Consulate, they can arrest and trial the Perp under Australian Law, instead of Hong Kong law.

如:某人在美國駐港總領事館內犯法,請問會否當作在美國境內犯法?

In this case, yes, cos US have both Civil Arrest order and have FBI/NCIS liason stationed in any US Embassy around the world.
2010-05-02 11:58 pm
Legal, the crime will be subject to the country which the embassy represent.

In this case, it will be U.S. law.

But in practice, usually they will allow local enforcement to enforce local law as a courtesy (as well as reducing issues).

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