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Cap. 9 · Criminal Code (Cap. 9)

Cap. 9 Art. 328NDefinition of piracy.

Sub-title IV

En vigueurTexte officiel

(1) For the purposes of this subtitle "piracy" means any of the following acts:

(a) any illegal acts of violence or detention, or any act of depredation, committed for private ends by the crew or passengers of a private ship or a private aircraft, and directed:

(i) on the high seas, against another ship or aircraft, or against persons or property on board such ship or aircraft;

(ii) against a ship, aircraft, persons or property in a place outside the jurisdiction of any State;

(b) any of the acts referred to in paragraph (a) committed by the crew or passengers of a warship, government ship or government aircraft whose crew has mutinied and taken control of the ship or aircraft;

(c) any act of voluntary participation in the operation of a ship or of an aircraft with knowledge of facts making it a pirate ship or aircraft;

(d) any act of inciting or of knowingly facilitating an act described in paragraph (a) or (b) or (c).

(2) For the purposes of this Title, a ship or aircraft is considered a pirate ship or aircraft if it is intended by the persons in dominant control to be used for the purpose of committing one of the acts referred to in sub-article (1) or if the ship or aircraft has been used to commit any such act and the ship or aircraft remains under the control of the person guilty of that act.

(3) Any person guilty of piracy under this article shall be liable:

(a) where the offence consists in any of the acts referred to in sub-article (1)(a) and (b) when accompanied with the loss of life of any person, to the punishment of imprisonment for life;

(b) where the offence consists in any of the acts referred to in (1)(a) and (b) when not accompanied with the loss of life of any person, to the punishment of imprisonment not exceeding thirty years;

(c) where the offence consists in any act referred to in sub-article (1)(c), to the punishment of imprisonment for a term not exceeding eight years;

(d) where the offence consists in any act referred to in sub-article (1)(d), to the punishment laid down for the act incited or facilitated.

Historique des modifications
  • Amended by XI.2009.7