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Directive 2013/40/EU of the European Parliament and of the Council of 12 August 2013 on attacks against information systems and replacing Council Framework Decision 2005/222/JHA Article 12

Jurisdiction

Article 12

1.   Member States shall establish their jurisdiction with regard to the offences referred to in Articles 3 to 8 where the offence has been committed: (a) in whole or in part within their territory; or (b) by one of their nationals, at least in cases where the act is an offence where it was committed. 2.   When establishing jurisdiction in accordance with point (a) of paragraph 1, a Member State shall ensure that it has jurisdiction where: (a) the offender commits the offence when physically present on its territory, whether or not the offence is against an information system on its territory; or (b) the offence is against an information system on its territory, whether or not the offender commits the offence when physically present on its territory. 3.   A Member State shall inform the Commission where it decides to establish jurisdiction over an offence referred to in Articles 3 to 8 committed outside its territory, including where: (a) the offender has his or her habitual residence in its territory; or (b) the offence is committed for the benefit of a legal person established in its territory.

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© European Union, https://eur-lex.europa.eu, 1998-2026. Reuse authorised under Commission Decision 2011/833/EU, provided the source is acknowledged.