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United States Department of State / Papers relating to the foreign relations of the United States with the annual message of the president transmitted to Congress December 6, 1910

Belgium,   pp. 80-109 PDF (12.9 MB)

Page 97

67942°—F B 1910—7 BELGIUM. 97 
ing to the laws of the country where the fugitive be foimcl, would justify
his apprehension and commitment for trial had the offense been committed
in the latter country. It becomes necessary, therefore, to examine the criminal
law of the Grand Duchy, as applied to accomplices, to know how far complicity
is a crime in the Grand Duchy. 
 Article LXVI of the Penal Code of Luxemburg provides that punishment, as
authors of a crime or misdemeanor, shall be inflicted upon: 
 "1. Those who have executed the crime or cooperated in its execution. 
 "2. Those who, by any act whatsoever, shall have lent to the execution of
a crime such aid that, without their assistance, the crime or misdemeanor
could not have been committed. 
 "3. Those who by gifts, promises, menaces, abuse of authority or of power,
guilty designs or machinations, shall directly have provoked said crime or
 "4. Those who, whether by speeches in meetings or public places, or by bills
posted up, or by writings, whether printed or not, sold or distributed, shall
directly have provoked the commission of said crime or misdemeanor." 
 And the three succeeding articles of the same code provide that the following
shall be punished as accomplices of a crime or misdemeanor: 
 "ART. LXVII. Those who shall have been given instructions for committing
 "2. Those who shall have procured arms or instruments or other means which
have served in the commission of the crime or misdemeanor, knowing that they
were so to serve. 
 "3. Those who, beside the case for which provision is made in paragraph
3 of Article LXVI, shall have knowingly aided or abetted the author or the
authors of a crime or misdemeanor in the acts which the latter have prepared
or facilitated, or in those which the latter have consummated. 
 "ART. LXVIII. Those who, knowing the criminal conduct of offenders practicing
brigandage or violence against the existence of the State, the public peace,
persons, or property shall habitually have furnished them lodgment, place
of hiding, or of meeting. 
 "ART. LXIX. Accomplices of a crime are punishable by the penalty immediately
inferior to that which would have been incurred had they been the authors
of the crime itself. 
 "2. The punishment inflicted on the accomplices of a misdemeanor shall not
exceed two-thirds of that which would have been inflicted had they been the
authors of said misdemeanor." 
 Article IV of the extradition treaty with the TJnited States makes especial
provision that extradition may not lie in cases of political crimes or offenses,
an attempt against the life of the head of the Government or against any
member of his family, when such an attempt comprises the act either of murder
or of assassination or of poisoning, not being considered a political crime
or an act with such an effense. Political offenses are defined in the Penal
Code of the Grand Duchyto include (1) the criminal attempt of the formation
of a plot for the purpose of destroying or changing the form of government
or the order of succession to the throne, or the incitement of the citizens
or inhabitants to take up arms against the authority of the Grand Duchy or
the chamber of deputies; (2) the bearing of arms by a Luxembourgeois against
the Grand Duchy; (3) entering into relations with foreign Governments or
their agents with the purpose of inducing them to commit hostilities or engage
in war against the Grand Duchy, or of furnishing them with the means thereto;
(4) the act or plot to aid the enemy in entering the territory of Luxemburg,
to deliver to him cities, places, magazines, or arsenals belonging to the
State; to furnish him with soldiers, men, money, supplies, arms, or ammunition;
to aid the progress of his arms upon the Grand Ducal territory or against
the forces of Luxemburg, by shaking the fidelity to the State and the Grand
Duke of officers, soldiers, or citizens; (5) correspondence with the subjects
of an hostile power for the purpose of furnishing the enemy with information
of prejudice to the military or political situation of the Grand Duchy or
its allies in action against a common enemy; (6) the deliberate betrayal
of a secret of State; (7) the harboring of a spy; (8) hostile acts not approved
by the State, exposing the State to hostilities on the part of a foreign
power; (9) the formation of armed bands to commit criminal attempts against
public order; (10) the excitement or the plot to excite civil war by arming
the inhabitants of the Grand Duchy against one another; (11) unauthorized
levy of troops or distribution of arms or ammunition; (12) the arraignment
or arrest Qf a deputy or of a member of the Government in defiance of the
prerogatives accorded them by Articles LXVII1, LX1X, and (' XVI of the constitution.1
' Arts. CIV to CLVIII of the Penal Code. 

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