It was confirmed that MH370 was hijacked. Under our law,Hijacking is found and governed under a special penal law RA No. 6235 and not from Revised Penal Code(RPC). It is defined as any person to compel a change in the course or destination of an aircraft, or to seize or usurp the control thereof, while it is in flight. One must take note that as a rule, there is territoriality as one of the characteristics of criminal law but subject to exception provided in Article 2 of the RPC. Hijacking is not one of those crimes that fall under this exception such as crime of piracy where Captain Jack Sparrow is prominent of. But two things for sure, first: hijacking is a continuing crime and Malaysia has the jurisdiction, and secondly: accusedless crime. Just like terrorism, we are fighting against a liquid crime. So, what is the point of creating law when there is no person to be inflicted with its punishment?
Posted on: Sun, 16 Mar 2014 15:43:42 +0000
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