Principle of Ubiquity
Encyclopedia
In German criminal code, Principle of Ubiquity, (Ubiquitätsprinzip, Section 9 §1 Alt. 3 and 4 of the Strafgesetzbuch
) states that the crime is considered to have occurred in the place of the action of the perpetrator or in the place where the harm occurred.
Its parallel in the United States law is the combination of the objective territoriality principle (the effects doctrine) and subjective territoriality principle.
For example, if a person sends a poison cookie from Germany
to a United States
resident and the latter one suffers, then both Germany
and the United States
have a jurisdiction over the case.
Strafgesetzbuch
Strafgesetzbuch is the German name for Penal Code and is abbreviated to StGB.- History :In Germany the Strafgesetzbuch goes back to the Penal Code of the German Empire passed in the year 1871 which was largely identical to the Penal Code of the North German Confederation.This Reichsstrafgesetzbuch ...
) states that the crime is considered to have occurred in the place of the action of the perpetrator or in the place where the harm occurred.
Its parallel in the United States law is the combination of the objective territoriality principle (the effects doctrine) and subjective territoriality principle.
For example, if a person sends a poison cookie from Germany
Germany
Germany , officially the Federal Republic of Germany , is a federal parliamentary republic in Europe. The country consists of 16 states while the capital and largest city is Berlin. Germany covers an area of 357,021 km2 and has a largely temperate seasonal climate...
to a United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
resident and the latter one suffers, then both Germany
Germany
Germany , officially the Federal Republic of Germany , is a federal parliamentary republic in Europe. The country consists of 16 states while the capital and largest city is Berlin. Germany covers an area of 357,021 km2 and has a largely temperate seasonal climate...
and the United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
have a jurisdiction over the case.