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Directive 2011/93/EU of the European Parliament and of the CouncilShow full title
Directive2011/93/EUof the European Parliament and of the Council of 13 December 2011 on combating the sexual abuse and sexual exploitation of children and child pornography, and replacing Council Framework Decision 2004/68/JHA
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Article 17U.K.Jurisdiction and coordination of prosecution
1.Member States shall take the necessary measures to establish their jurisdiction over the offences referred to in Articles 3 to 7 where:
(a)the offence is committed in whole or in part within their territory; or
(b)the offender is one of their nationals.
2.A Member State shall inform the Commission where it decides to establish further jurisdiction over an offence referred to in Articles 3 to 7 committed outside its territory, inter alia, where:
(a)the offence is committed against one of its nationals or a person who is an habitual resident in its territory;
(b)the offence is committed for the benefit of a legal person established in its territory; or
(c)the offender is an habitual resident in its territory.
3.Member States shall ensure that their jurisdiction includes situations where an offence referred to in Articles 5 and 6, and in so far as is relevant, in Articles 3 and 7, is committed by means of information and communication technology accessed from their territory, whether or not it is based on their territory.
4.For the prosecution of any of the offences referred to in Article 3(4), (5) and (6), Article 4(2), (3), (5), (6) and (7) and Article 5(6) committed outside the territory of the Member State concerned, as regards paragraph 1(b) of this Article, each Member State shall take the necessary measures to ensure that its jurisdiction is not subordinated to the condition that the acts are a criminal offence at the place where they were performed.
5.For the prosecution of any of the offences referred to in Articles 3 to 7 committed outside the territory of the Member State concerned, as regards paragraph 1(b) of this Article, each Member State shall take the necessary measures to ensure that its jurisdiction is not subordinated to the condition that the prosecution can only be initiated following a report made by the victim in the place where the offence was committed, or a denunciation from the State of the place where the offence was committed.
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