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Version status: Published
Version date: 3 May 2023 - onwards

Article 20 Jurisdiction

1. Member States shall establish jurisdiction over the offences referred to in this Directive where:

(a) the offence is committed in whole or in part in its territory;

(b) the offender is a national of or has his or her habitual residence in that Member State;

(c) the offence is committed for the benefit of a legal person established in the territory of that Member State.

2. Where an offence referred to in this Directive falls within the jurisdiction of more than one Member State, the Member States concerned shall cooperate to determine which one shall conduct criminal proceedings. The matter shall, where appropriate and in accordance with Article 12 of Council Framework Decision 2009/948/JHA [Council Framework Decision 2009/948/JHA of 30 November 2009 on prevention and settlement of conflicts of exercise of jurisdiction in criminal proceedings (OJ L 328, 15.12.2009, p. 42).], be referred to Eurojust.

3. In the cases referred to in paragraph 1, point (b), each Member State shall ensure that the exercise of its jurisdiction is not subject to the condition that a prosecution can be initiated only following a denunciation from the State in which the criminal offence was committed or following a report made by the victim in the State where the criminal offence was committed.