Universal jurisdiction

According to the principle of universal jurisdiction (including universality principle) or universal jurisdiction principle of national criminal law is also applicable to situations that have no specific reference to the country, where neither of the crime scene in Austria is (so-called principle of territoriality ), nor the perpetrator or the victim nationality that of the affected State have (so-called personality principle ). It is necessary for this purpose, however, that the offense is against internationally protected legal interests. This is especially true for those offenses which are punishable directly under international law (see: international criminal law ).

In German law, the principle of universal jurisdiction in § 6 of the Criminal Code is set out; this is: German criminal law shall continue, regardless of the law of the place, to the following acts committed abroad:

The now repealed No. 1 described the genocide that is now punishable in the International Criminal Code ( CCIL ).

Regarding völkerstrafrechticher acts ( genocide, crimes against humanity, war crimes ) allows § 1 of the International Criminal Code, the grounds of national criminal violence after the principle of universal jurisdiction. This provision, however, flanked at a procedural level by § 153f Code of Criminal Procedure. While the legality principle is laid down in the case of the presence or anticipated presence of the suspects on German territory, the German legislator has in the case of absence only statuiert the opportunity principle.

In private law, a principle of universal jurisdiction has long been rarely discussed. Meanwhile, there are increasing demands to recognize the principle of universal jurisdiction in private law. This involves the creation of a universal jurisdiction of national civil courts for damages for serious international and human rights violations, that a domestic court of jurisdiction, with no or only a minimal spatial- personal or material relating to the domestic presupposes (so-called universal jurisdiction ).