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Exercise of Criminal Procedural Jurisdiction by Consular Officers in the Compound of Diplomatic Missions and Consular Posts

100%

Litvishko P.

Internal Security

2012

vol. 4(1)

89-98

The article contains analysis on the specifics of conducting investigative and other procedural actions by consular officers in the framework of consular legal assistance in criminal matters for competent authorities of the sending state. The importance of this consular function increases significantly in the circumstances of the impossibility for law enforcement authorities of the sending state to carry out independent activity on the compound of its foreign mission without the consent of the receiving state. Some legal implications of conducting procedural actions by consuls are highlighted with due consideration to the fact, that the compound of a foreign mission constitutes the territory of the receiving state (problems of voluntariness on the part of the participant of the action, permissibility of advising him of criminal responsibility, participation of lawyers and law enforcement officers of the sending state, limited application of the law of the sending state), as well as the issues of obtaining the receiving state’s permission to carry out respective actions, certain limitations on them (depending on the nationality of the participant of the action etc.). The article also deals with the terminology used to define the said kind of legal assistance in international treaties and domestic law. In terms of legal regulation and practical application of that consular function, of particular interest are those existing in Germany (detailed regulations and application in extraordinary cases), Poland (precedence over international legal assistance in criminal matters) and Russia (inconsistency of legal regulations and non-application of that institution). The author’s conclusion is that in spite of its certain inherent disadvantages, this kind of legal assistance can play a very significant role in the practice of law enforcement.

Exercise of Substantive and Procedural Criminal Jurisdiction with regard to State Foreign Missions

88%

Litvishko P.

Internal Security

2011

vol. 3(2)

55-70

This article analyses the intricacies of exercising substantive and procedural criminal jurisdiction with regard to the territory of diplomatic missions, consular posts and missions to international organizations from the viewpoint of a sending state as well as that of a receiving state, the relevant legal framework and law enforcement practice of Russia and foreign countries. The article contains a summary of the current concepts regarding legal status of such territories, along with substantiation of unacceptability of defining foreign mission premises as the so-called fictional, or quasi-territory of a sending state. On the basis of analogy drawn from enforcement within the jurisdiction as a whole, the author concludes that exercising criminal procedural jurisdiction by a sending state on the compound of its foreign mission constitutes a norm of the customary international law, as well as formulates the main principles of exercising substantive and procedural criminal jurisdiction at a foreign mission.

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Exercise of Criminal Procedural Jurisdiction by Consular Officers in the Compound of Diplomatic Missions and Consular Posts

Exercise of Substantive and Procedural Criminal Jurisdiction with regard to State Foreign Missions