Article 1 — Purpose and Scope

1. 1.

   This Code is the principal criminal legislation of the State of the Kaharagians. It defines criminal offences, establishes the principles of criminal responsibility, and prescribes the sanctions applicable to persons who commit offences against the laws of the State.

2. 2.

   This Code applies to all Kaharagian nationals and to all recognised legal persons constituted or registered under Kaharagian law, subject to the jurisdictional provisions set out in Article 3.

3. 3.

   Only conduct that is expressly prohibited by this Code or by another enactment of Kaharagian law in force at the time of its commission constitutes a criminal offence. No person may be held criminally responsible for an act or omission that is not so prohibited. This principle of legality (nullum crimen sine lege) is guaranteed by Article 35(3) of the Fundamental Laws.

4. 4.

   Where a Kaharagian national is physically present within the territory of a host jurisdiction, the mandatory criminal laws of that host jurisdiction prevail over this Code to the extent of any inconsistency, in accordance with Article 42(1) and Article 47 of the Fundamental Laws.

5. 5.

   Nothing in this Code affects the power of the State to impose administrative sanctions, disciplinary measures, or regulatory penalties under other enactments, in particular the Data Protection Code, the Civil Code, and any code or regulation governing the conduct of public officers. The imposition of an administrative sanction does not preclude criminal proceedings where the conduct also constitutes a criminal offence, provided the principle set out in Article 6 is respected.

6. 6.

   This Code shall be interpreted and applied in conformity with the Fundamental Laws, the dignity of the person, and the principles of proportionality and the rule of law.