Rikosoikeudellinen toimivalta aluksiin liittyvissä asioissa

Abstrakti

The purpose of this article is to explore and review the exercise of criminal jurisdiction over offences connected with vessels. The article examines conditions under which a state is able to exercise its jurisdiction, firstly over offences committed in waters under the jurisdiction of the state and secondly over offences committed in waters under the jurisdiction of another state. The article focuses on the criminal law of Finland, but takes the rules of international law into consideration as well.

In the Finnish doctrine, the exercise of jurisdiction over vessel related offences has almost invariably been researched from the perspective of the flag state principle, the territorial principle and the principle of universal jurisdiction. In addition to exploring the flag state and territorial principles the article also reviews the possibilities of basing criminal jurisdiction on the protective principle, the active personality principle and the passive personality principle.

The article shows that it is possible and in certain circumstances even necessary to apply the protective principle and the active personality principle when exercising jurisdiction over vessel related offences. The article concludes that the scope of a state’s jurisdiction varies based on multiple factors. Among other things, determining the position of a vessel at the time of an offence, i.e. determining the relevant maritime zone, is essential.