Re Af

• Jurisdiction: Grecia
• Date: 01 January 1945
• Docket Number: Case No. 43
• Court: Criminal Court (Greece)

Greece, Tribunal Correctionnel of the Isle of Chios.

Case No. 43

In re A.F.

Foreign Armed Forces in National Territory by Permission of the Sovereign — Civil Offence Committed by Member of Such Forces — Absence of Jurisdiction of Local Courts.

The Facts.—On April 27, 1945, a burglary took place at the shop of A.F., at Chio. On enquiry it was found that the burglary had been committed by four British soldiers who belonged to a detachment of the British Army then stationed in the Island of Chio. These four men were not deserters. It was also found that no Greek nationals were implicated in the matter. A penal action was commenced against the four soldiers.

Held: that the penal action did not lie. Foreign armed forces who are within the territory of a State with the consent of that State, are not subject to that State or its criminal jurisdiction.

“The Court adopts the argument of the Public Prosecutor that foreign military formations present on Greek territory with the consent of the Greek State are, according to the principles of public law, not subject to Greek criminal law. The British Army landed at Chio … [at the invitation of the Greek Government] … Consequently, the...