Article 3 — Jurisdiction and Applicability

1. 1.

   The State of the Kaharagians exercises personal jurisdiction over all Kaharagian nationals in respect of offences under this Code and other criminal enactments of Kaharagian law, wherever such nationals may be situated at the time of the commission of the offence.

2. 2.

   The State exercises consensual jurisdiction over any person who, not being a national, has voluntarily submitted to the jurisdiction of the State by registration, agreement, use of State services, or any other act that constitutes acceptance of Kaharagian jurisdiction under the Fundamental Laws or other applicable enactments.

3. 3.

   The State exercises jurisdiction over any offence — regardless of the nationality or location of the offender — where the offending conduct was committed through, directed at, or materially affected:

   1. a Kaharagian digital system;
   2. a State register or official record;
   3. a State service or State instrument; or
   4. the integrity, availability, or confidentiality of any component of the State’s digital infrastructure.
4. 4.

   Where the same conduct constitutes an offence under both this Code and the law of a host jurisdiction, the principle of ne bis in idem applies as provided in Article 6. A person shall not be subjected to duplicative proceedings or sanctions for the same underlying conduct except as that Article permits.

5. 5.

   The practical enforcement of sanctions imposed under this Code depends upon the laws and cooperation of the jurisdiction in which the convicted person is present or in which enforcement is sought, as recognised by Article 42(4) of the Fundamental Laws. The State shall pursue enforcement through all lawful means available, including digital enforcement measures, mutual legal assistance, and any other mechanisms recognised by international practice or bilateral arrangement.

6. 6.

   Nothing in this Article confers jurisdiction over conduct that falls exclusively within the sovereign competence of a host jurisdiction and that has no material connection to the Kaharagian legal order, its nationals, or its digital systems.