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TERRITORIALITY
TERRITORIALITY
NOTE:
A STRAIT is a narrow body of water that joins two larger
bodies of water.
Page 2
QUESTION:
If a foreign merchant vessel is in the center lane and a crime
was committed there, under the International Law Rule, what
law will apply?
ANSWER:
The law of the country where that vessel is registered will
apply, because the crime is deemed to have been committed in
the high seas.
(1) The atmosphere over the country is free and not subject to
the jurisdiction of the subjacent state, except for the
protection of its national security and public order. Under this
theory, if a crime is committed on board a foreign aircraft at
the atmosphere of a country, the law of that country does not
govern unless the crime affects the national security.
QUESTION:
One boy was accused of parricide and was found guilty. This is
punished by reclusion perpetua to death. Assuming you were
the judge, would you give the accused the benefit of the
Indeterminate Sentence Law (ISLAW)? The ISLAW does not
apply when the penalty imposed is life imprisonment or death.
Would you consider the penalty imposable or the penalty
imposed, taking into consideration the mitigating circumstance
of minority?
ANSWER:
If you will answer "no", then you go against the Doctrine of Pro
Reo because you can interpret the ISLAW in a more lenient
manner. Taking into account the doctrine, we interpret the
ISLAW to mean that the penalty imposable and not the penalty
prescribed by law, since it is more favorable for the accused to
interpret the law.
5. As to degree of participation