8. A person who is alleged to have committed an offence under section 6 or 7 may be prosecuted for that offence if
(a) at the time the offence is alleged to have been committed,
(i) the person was a Canadian citizen or was employed by Canada in a civilian or military capacity,
(ii) the person was a citizen of a state that was engaged in an armed conflict against Canada, or was employed in a civilian or military capacity by such a state,
(iii) the victim of the alleged offence was a Canadian citizen, or
(iv) the victim of the alleged offence was a citizen of a state that was allied with Canada in an armed conflict; or
(b) after the time the offence is alleged to have been committed, the person is present in Canada.
PROCEDURE AND DEFENCES
Marginal note:Place of trial
9. (1) Proceedings for an offence under this Act alleged to have been committed outside Canada for which a person may be prosecuted under this Act may, whether or not the person is in Canada, be commenced in any territorial division in Canada and the person may be tried and punished in respect of that offence in the same manner as if the offence had been committed in that territorial division.
Marginal note:Presence of accused at trial
(2) For greater certainty, in a proceeding commenced in any territorial division under subsection (1), the provisions of the Criminal Code relating to requirements that an accused appear at and be present during proceedings and any exceptions to those requirements apply.
Marginal note:Personal consent of Attorney General
(3) No proceedings for an offence under any of sections 4 to 7 of this Act, or under section 354 or subsection 462.31(1) of the Criminal Code in relation to property or proceeds obtained or derived directly or indirectly as a result of the commission of an offence under this Act, may be commenced without the personal consent in writing of the Attorney General or Deputy Attorney General of Canada, and those proceedings may be conducted only by the Attorney General of Canada or counsel acting on their behalf.
Marginal note:Consent of Attorney General
(4) No proceedings for an offence under section 18 may be commenced without the consent of the Attorney General of Canada.
- 2000, c. 24, s. 9;
- 2001, c. 32, s. 59.
Marginal note:Evidence and procedure
Footnote *10. Proceedings for an offence alleged to have been committed before the coming into force of this section shall be conducted in accordance with the laws of evidence and procedure in force at the time of the proceedings.
Return to footnote *[Note: Section 10 in force October 23, 2000, see SI/2000-95.]
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