Updated 07/09/2024
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Version from: 19/05/2024
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CL AMLD ToolCriminal Law for Anti-Money Laundering Directive (CL AMLD)
Article 10

Article 10 - Jurisdiction

Article 10

Jurisdiction

1.  

Each Member State shall take the necessary measures to establish its jurisdiction over the offences referred to in Articles 3 and 4 where:

(a) 

the offence is committed in whole or in part on its territory;

(b) 

the offender is one of its nationals.

2.  

A Member State shall inform the Commission where it decides to extend its jurisdiction to offences referred to in Articles 3 and 4 which have been committed outside its territory where:

(a) 

the offender is a habitual resident on its territory;

(b) 

the offence is committed for the benefit of a legal person established on its territory.

3.  
Where an offence referred to in Articles 3 and 4 falls within the jurisdiction of more than one Member State and where any of the Member States concerned can validly prosecute on the basis of the same facts, the Member States concerned shall cooperate in order to decide which of them will prosecute the offender, with the aim of centralising proceedings in a single Member State.

Account shall be taken of the following factors:

(a) 

the territory of the Member State on which the offence was committed;

(b) 

the nationality or residency of the offender;

(c) 

the country of origin of the victim or victims; and

(d) 

the territory on which the offender was found.

The matter shall, where appropriate and in accordance with Article 12 of Framework Decision 2009/948/JHA, be referred to Eurojust.