论普遍管辖原则的适用条件

On Application Conditions of Principle of Universal Jurisdiction

普遍管辖原则在适用时要求犯罪嫌疑人或被告人处于法院地国的实际控制之中,对这一条件的理解与运用 不应过于严格,只要审判阶段被告处于法院地国的实际控制中,就应当视为符合"在场"条件。普遍管辖原则的适用还应 当要求嫌疑人或被告人与法院地国之间不存在关联因素,并且法院地国又没有将其引渡给他国。

The actual control of suspect or defendant by the state of the forum is the precondition of the application of the principle of universal jurisdiction. However, this should not be explained or interpreted in a strict way. The author holds that if the defendant is under the actual control by the state of forum during the stage of trial, he or she should be considered as in presence. It is further pointed out that the application of the universal jurisdiction principle requires that there should be no link between the accused and the state of forum, and the accused will not be extradited to other countries.