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Marsha411JD, Attorney
Category: Legal
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Experience:  Licensed Atty, 29 yrs exp in the practice of law.
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Do you know what the Brazilian law is on criminally charging

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Do you know what the Brazilian law is on criminally charging their citizens when they commit a crime overseas? I was at a work event in Korea. I am Canadian and I was assaulted by a colleague. He is Canadian (may also be Brazilian, not sure) and he lives in Brazil and went back to his country.

What is the most effective way to press criminal charges? In Korea or in Brazil?

Thank you for the information and your question. Brazil would have no jurisdiction over a crime committed in Korea, or anywhere outside their territorial boundries, no matter whether the wrongdoer was Brazilian or not. Jurisdication for the prosecution of crimes is always with the location where the crime occurred. The only exceptions are crimes that are continuing crimes and cross international borders, like continuing frauds or kidnapping, etc. So, in this case, Korea would have to file charges and pursue any criminal prosecution that might occur assuming that is where the crime occurred.

The only issue then is whether Korea would even try to extradite this person from Brazil. That isn't likely unless the crime is very serious like murder, kidnapping, or espionage. Otherwise, as long as this person ever returns to Korea, he will not likely ever be arrested and prosecuted.

Please let me know if you need any clarification. I would be glad to assist you further if I can.
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