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Criminal jurisdiction

Criminal jurisdiction is a term used in constitutional law and public law to describe the power of courts to hear a case brought by a state accusing a defendant of the commission of a crime. It is relevant in three distinct situations:Under the public international law system, de jure states are sovereign within their own territorial boundaries. A few states such as the Netherlands have adopted a monist approach, i.e. they accept international and municipal laws as part of a single system. Thus, whether a supranational court or tribunal has criminal jurisdiction over its territory or citizens, will be determined by international law. The majority of states are dualist, i.e. they will only accept international obligations through the process of incorporation, say by signing and adopting treaties and conventions. Hence, whether a supranational court or tribunal will have jurisdiction and, if so, over what subject matter and over what period of time, will be decided by the sovereign government of the day.The United States is a federation of states. The U.S. Constitution creates a federal government and legislature which has general powers over the territory of the whole and over foreign policy, whereas the individual states have their own governments that, within the scope allowed by the federal constitution, have local territorial jurisdiction. There is a system of federal courts which have jurisdiction to hear charges alleging federal crimes, and state courts have jurisdiction to hear charges alleging violations of local state law.

[ "International law", "Jurisdiction", "Criminal law", "state" ]
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