Article 12

Member States shall establish their jurisdiction with regard to the offences referred to in Articles 3 to 8 where the offence has been committed: in whole or in part within their territory; or by one of their nationals, at least in cases where the act is an offence where it was committed. When establishing jurisdiction in accordance with point (a) of paragraph 1, a Member State shall ensure that it has jurisdiction where: the offender commits the offence when physically present on its territory, whether or not the offence is against an information system on its territory; or the offence is against an information system on its territory, whether or not the offender commits the offence when physically present on its territory. A Member State shall inform the Commission where it decides to establish jurisdiction over an offence referred to in Articles 3 to 8 committed outside its territory, including where: the offender has his or her habitual residence in its territory; or the offence is committed for the benefit of a legal person established in its territory.

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Source: EUR-Lex (Cellar) · retrieved 2026-10-30 · Text as adopted (Official Journal); later amendments are not incorporated in this text.