The Method of Interpretation of Penal Norms in the International Context

Abstract

Mr John Doe, a citizen of state X and a multimillionaire, has a serious heart problem. He needs an immediate transplant to survive. Unfortunately, the law of state X prohibits any kind of organ trafficking. Because of that fact, Mr Doe decides to travel to state Y, where such transactions are legal. What is more, under the provisions of Y’s law, it is allowed for a living person whose family is destitute to sell his or her organ and such a transaction could provide for the maintenance of the children of the donor until they become adults. Mr Doe finds such a person, a citizen of state Y, and makes a deal – he pays for euthanasia and transplantation and comes back to his country in good health. The above short story raises a question: “What shall state X do with Mr Doe upon his arrival?” Is everything correct? Can we, as a society, agree to such a patently criminal act which deserves condemnation? Should we try to fight them by domestic policy? Does the state have any authority over social situations that occur abroad? The answer to these questions is not simple and depends on factors specific to each situation. Further consideration contains the argumentation for the thesis that every state possesses wide competence to punish acts committed abroad. This competence is limited only by the duty of protection of values commonly respected internationally. This article presents a method of interpreting norms of national substantive criminal law in the international context, taking into account the achievements the theory of criminal law.