One of the biggest reasons people travel the world is to do things they may not be able
to do locally.
For most, this is limited to trying new cuisines, or exploring ancient architecture.
But some people take the opportunity to engage in activities that are illegal back home.
Places like Amsterdam and Thailand have gained a reputation for allowing certain behaviors
that aren’t allowed elsewhere.
Yet, tourists are sometimes arrested for breaking their native country’s laws while abroad.
So, how far outside the border do a country’s laws apply?
Well, a sovereign country is allowed to create its own criminal code, as long as it does
not interfere with internationally agreed standards.
However, its “jurisdiction,” or where exactly, and to whom those laws apply, is
usually reserved to the territory controlled by the country.
The ability to prosecute a citizen for criminal violations that take place outside country
borders is known as “extraterritorial jurisdiction.”
For example, most militaries are governed by the country they are from, and not the
country they are in.
There are also particular types of crimes, which are prosecuted according to international
agreements.
These include things like genocide and war crimes.
But for general violations of a host country’s criminal code, prosecution depends on which
country it is.
French citizens are bound to French law no matter where they are in the world, and by
default they are also bound to the laws of the country they are in.
In situations where domestic and foreign laws conflict, authority is usually delegated to
the country where the prosecution is taking place.
If you break your home country’s laws abroad, you can be extradited back home to be tried.
However, some countries only extend their extrajudicial jurisdiction to cover specific
situations.
For the United States, there are a number of laws pertaining to child exploitation which
make it a crime to travel outside the country for illicit sexual conduct with a minor.
It is also a crime for US citizens to possess child pornography anywhere.
Even if not intentional, Americans can still be prosecuted for unknowingly having sex with
a minor, or taking part in child trafficking.
Other crimes, including homicide, kidnapping, assault, property destruction, threats, false
statements, and counterfeiting are also illegal everywhere for US citizens.
For most other situations, including drug use and prostitution, only domestic law applies.
The dividing line is usually based on the severity of the crime and how much it affects
other people or governments.
So, in places like Amsterdam, it is legal for tourists to smoke pot.
On the flip side, having a medical marijuana card from California would not save you from
arrest in an anti-drug country like Indonesia.
Essentially, there are several areas of law where you can be prosecuted no matter where
you are.
Other issues are delegated on a country-by-country basis.
So, before doing something that might be illegal, either back home or abroad, double check your
legal standing, or you might find yourself locked up.
If you or someone you know does commit a crime, you can still be arrested in a country outside
of the one where you broke the law, which is known as extradition.
How does extradition work?
You can watch this video to find out more.
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