Treason
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Treason is the crime of attacking a
Historically, in common law countries, treason also covered the murder of specific social superiors, such as the murder of a husband by his wife or that of a master by his servant. Treason (i.e. disloyalty) against one's monarch was known as high treason and treason against a lesser superior was petty treason. As jurisdictions around the world abolished petty treason, "treason" came to refer to what was historically known as high treason.
At times, the term traitor has been used as a political
History
In
The words "treason" and "traitor" are derived from the
Originally, the crime of treason was conceived of as being committed against the monarch; a subject failing in his duty of loyalty to the sovereign and acting against the sovereign was deemed to be a traitor. Queens Anne Boleyn and Catherine Howard were executed for treason for adultery against Henry VIII, although most historians regard the evidence against Anne Boleyn and her alleged lovers to be dubious. As asserted in the 18th century trial of Johann Friedrich Struensee in Denmark, a man having sexual relations with a queen can be considered guilty not only of ordinary adultery but also of treason against her husband, the king.
The English Revolution in the 17th century and the French Revolution in the 18th century introduced a radically different concept of loyalty and treason, under which sovereignty resides with "The Nation" or "The People" - to whom also the monarch has a duty of loyalty, and for failing which the monarch, too, could be accused of treason. Charles I in England and Louis XVI in France were found guilty of such treason and duly executed. However, when Charles II was restored to his throne, he considered the revolutionaries who sentenced his father to death as having been traitors in the more traditional sense.
In medieval times, most treason cases were in the context of a kingdom's internal politics. Though helping a foreign monarch against one's own sovereign would also count as treason, such were only a minority among treason cases. Conversely, in modern times, "traitor" and "treason" are mainly used with reference to a person helping an enemy in time of war or conflict.
During the American Revolution, a slave named Billy was sentenced to death on charges of treason to Virginia for having joined the British in their war against the American colonists - but was eventually pardoned by Thomas Jefferson, then Governor of Virginia. Jefferson accepted the argument, put forward by Billy's well-wishers, that - not being a citizen and not enjoying any of the benefits of being one - Billy owed no loyalty to Virginia and therefore had committed no treason.[6] This was a ground-breaking case, since in earlier similar cases slaves were found guilty of treason and executed.
Under very different circumstances, a similar defense was put forward in the case of
After
Until the late 19th century, Britain - like various other countries - held to a doctrine of "perpetual allegiance to the sovereign", dating back to feudal times, under which British subjects, owing loyalty to the British monarch, remained such even if they emigrated to another country and took its citizenship. This became a hotly debated issue in the aftermath of the 1867
Many nations' laws mention various types of treason. "Crimes Related to Insurrection" is the internal treason, and may include a
In individual jurisdictions
Australia
In Australia, there are federal and state laws against treason, specifically in the states of New South Wales, South Australia and Victoria. Similarly to Treason laws in the United States, citizens of Australia owe allegiance to their sovereign at the federal and state level.
The federal law defining treason in Australia is provided under section 80.1 of the Criminal Code, contained in the schedule of the Commonwealth Criminal Code Act 1995.[11] It defines treason as follows:
A person commits an offence, called treason, if the person:
- (a) causes the death of the Sovereign, the heir apparent of the Sovereign, the consort of the Sovereign, the Governor-General or the Prime Minister; or
- (b) causes harm to the Sovereign, the Governor-General or the Prime Minister resulting in the death of the Sovereign, the Governor-General or the Prime Minister; or
- (c) causes harm to the Sovereign, the Governor-General or the Prime Minister, or imprisons or restrains the Sovereign, the Governor-General or the Prime Minister; or
- (d) levies war, or does any act preparatory to levying war, against the Commonwealth; or
- (e) engages in conduct that assists by any means whatever, with intent to assist, an enemy:
- (i) at war with the Commonwealth, whether or not the existence of a state of war has been declared; and
- (ii) specified by Proclamation made for the purpose of this paragraph to be an enemy at war with the Commonwealth; or
- (f) engages in conduct that assists by any means whatever, with intent to assist:
- (i) another country; or
- (ii) an organisation;
- that is engaged in armed hostilities against the Australian Defence Force; or
- (g) instigates a person who is not an Australian citizen to make an armed invasion of the Commonwealth or a Territory of the Commonwealth; or
- (h) forms an intention to do any act referred to in a preceding paragraph and manifests that intention by an overt act.
A person is not guilty of treason under paragraphs (e), (f) or (h) if their assistance or intended assistance is purely humanitarian in nature.
The maximum penalty for treason is life imprisonment. Section 80.1AC of the Act creates the related offence of treachery.
New South Wales
The
Section 12 of the Crimes Act 1900 (NSW) creates an offence which is derived from section 3 of the Treason Felony Act 1848:[13]
12 Compassing etc deposition of the Sovereign–overawing Parliament etc Whosoever, within New South Wales or without, compasses, imagines, invents, devises, or intends to deprive or depose Our Most Gracious Lady the Queen, her heirs or successors, from the style, honour, or Royal name of the Imperial Crown of the United Kingdom, or of any other of Her Majesty's dominions and countries, or to levy war against Her Majesty, her heirs or successors, within any part of the United Kingdom, or any other of Her Majesty's dominions, in order, by force or constraint, to compel her or them to change her or their measures or counsels, or in order to put any force or constraint upon, or in order to intimidate or overawe, both Houses or either House of the Parliament of the United Kingdom, or the Parliament of New South Wales, or to move or stir any foreigner or stranger with force to invade the United Kingdom, or any other of Her Majesty's dominions, or countries under the obeisance of Her Majesty, her heirs or successors, and expresses, utters, or declares such compassings, imaginations, inventions, devices, or intentions, or any of them, by publishing any printing or writing, or by open and advised speaking, or by any overt act or deed, shall be liable to imprisonment for 25 years.
Section 16 provides that nothing in Part 2 repeals or affects anything enacted by the Treason Act 1351 (25 Edw.3 c. 2).[14] This section reproduces section 6 of the Treason Felony Act 1848.
Victoria
The offence of treason was created by section 9A(1) of the Crimes Act 1958.[15] It is punishable by a maximum penalty of life imprisonment.
South Australia
In South Australia, treason is defined under Section 7 of the South Australia Criminal Law Consolidation Act 1935 and punished under Section 10A. Any person convicted of treason against South Australia will receive a mandatory sentence of life imprisonment.
Brazil
According to
The only military person in the
Canada
Section 46 of the
High treason
(1) Every one commits high treason who, in Canada,
- (a) kills or attempts to kill His Majesty, or does him any bodily harm tending to death or destruction, maims or wounds him, or imprisons or restrains him;
- (b) levies war against Canada or does any act preparatory thereto; or
- (c) assists an enemy at war with Canada, or any armed forces against whom Canadian Forces are engaged in hostilities, whether or not a state of war exists between Canada and the country whose forces they are.
Treason
(2) Every one commits treason who, in Canada,
- (a) uses force or violence for the purpose of overthrowing the government of Canada or a province;
- (b) without lawful authority, communicates or makes available to an agent of a state other than Canada, military or scientific information or any sketch, plan, model, article, note or document of a military or scientific character that he knows or ought to know may be used by that state for a purpose prejudicial to the safety or defence of Canada;
- (c) conspires with any person to commit high treason or to do anything mentioned in paragraph (a);
- (d) forms an intention to do anything that is high treason or that is mentioned in paragraph (a) and manifests that intention by an overt act; or
- (e) conspires with any person to do anything mentioned in paragraph (b) or forms an intention to do anything mentioned in paragraph (b) and manifests that intention by an overt act.
It is also illegal for a Canadian citizen or a person who owes allegiance to His Majesty in right of Canada to do any of the above outside Canada.
The penalty for high treason is life imprisonment.[17] The penalty for treason is imprisonment up to a maximum of life, or up to 14 years for conduct under subsection (2)(b) or (e) in peacetime.
Finland
Finnish law distinguishes between two types of treasonable offences: maanpetos, treachery in war, and valtiopetos, an attack against the constitutional order. The terms maanpetos and valtiopetos are unofficially translated as treason and high treason, respectively. Both are punishable by imprisonment, and if aggravated, by life imprisonment.
Maanpetos (translates literally to betrayal of land) consists in joining enemy armed forces, making war against Finland, or serving or collaborating with the enemy. Maanpetos proper can only be committed under conditions of war or the threat of war. Espionage, disclosure of a national secret, and certain other related offences are separately defined under the same rubric in the Finnish criminal code.
Valtiopetos (translates literally to betrayal of state) consists in using violence or the threat of violence, or unconstitutional means, to bring about the overthrow of the Finnish constitution or to overthrow the president, cabinet or parliament or to prevent them from performing their functions.
France
Article 411-1[18] of the French Penal Code defines treason as follows:
The acts defined by articles 411-2 to 411–11 constitute treason where they are committed by a French national or a soldier in the service of France, and constitute espionage where they are committed by any other person.
Article 411-2 prohibits "handing over troops belonging to the French armed forces, or all or part of the national territory, to a foreign power, to a foreign organisation or to an organisation under foreign control, or to their agents". It is punishable by life imprisonment and a fine of €750,000. Generally parole is not available until 18 years of a life sentence have elapsed.[19]
Articles 411–3 to 411–10 define various other crimes of collaboration with the enemy, sabotage, and the like. These are punishable with imprisonment for between seven and 30 years. Article 411-11 make it a crime to incite any of the above crimes.
Besides treason and espionage, there are many other crimes dealing with national security, insurrection, terrorism and so on. These are all to be found in Book IV of the code.
Germany
German law differentiates between two types of treason: "High treason" (Hochverrat) and "treason" (Landesverrat). High treason, as defined in Section 81[20] of the German criminal code is defined as an attempt against the existence or the constitutional order of the Federal Republic of Germany that is carried out either with the use of violence or the threat of violence. It carries a penalty of life imprisonment or a fixed term of at least ten years. In less serious cases, the penalty is 1–10 years in prison. German criminal law also criminalises high treason against a German state. Preparation of either types of the crime is criminal and carries a penalty of up to five years.
The other type of treason, Landesverrat is defined in Section 94.[21] It is roughly equivalent to espionage; more precisely, it consists of betraying a secret either directly to a foreign power, or to anyone not allowed to know of it; in the latter case, treason is only committed if the aim of the crime was explicitly to damage the Federal Republic or to favor a foreign power. The crime carries a penalty of one to fifteen years in prison. However, in especially severe cases, life imprisonment or any term of at least five years may be sentenced.
As for many crimes with substantial threats of punishment active repentance is to be considered in mitigation under §83a StGB (Section 83a, Criminal Code).
Notable cases involving Landesverrat are the
Hong Kong
Section 2 of the Crime Ordinance provides that levying war against the Government of the Hong Kong Special Administrative Region of the People's Republic of China, conspiring to do so, instigating a foreigner to invade Hong Kong, or assisting any public enemy at war with the HKSAR Government, is treason, punishable with life imprisonment.[22][23]
Ireland
Article 39 of the Constitution of Ireland (adopted in 1937) states:
treason shall consist only in levying war against the State, or assisting any State or person or inciting or conspiring with any person to levy war against the State, or attempting by force of arms or other violent means to overthrow the organs of government established by the Constitution, or taking part or being concerned in or inciting or conspiring with any person to make or to take part or be concerned in any such attempt.[24]
Following the enactment of the 1937 constitution, the
India
The Indian Penal Code has described treason in Article 121, which states that
Whoever wages war against the Government of India, or attempts to wage such war, or abets the waging of such war, shall be punished with death, or imprisonment for life, and shall also be liable to fine. [27]
Italy
The Italian law defines various types of crimes that could be generally described as treason (tradimento), although they are so many and so precisely defined that no one of them is simply called tradimento in the text of Codice Penale (Italian Criminal Code). The treason-type crimes are grouped as "crimes against the personhood of the State" (Crimini contro la personalità dello Stato) in the Second Book, First Title, of the Criminal Code.
Articles 241 to 274 detail crimes against the "international
Articles 276 to 292 detail crimes against the "domestic personhood of the State", ranging from "attempt on the President of the Republic" (art. 271), "attempt with purposes of terrorism or of subversion" (art. 280), "attempt against the Constitution" (art. 283), "armed insurrection against the power of the State" (art. 284), and "civil war" (art. 286).
Further articles detail other crimes, especially those of conspiracy, such as "
The penalties for treason-type crimes before the abolition of the monarchy in 1948 included death as maximum penalty and, for some crimes, as the only penalty possible. Nowadays the maximum penalty is life imprisonment (ergastolo).
Japan
From 1947 Japan does not technically have a law of treason.[28] Instead it has an offence against taking part in foreign aggression against the Japanese state (gaikan zai; literally "crime of foreign mischief"). The law applies equally to Japanese and non-Japanese people, while treason in other countries usually applies only to their own citizens. Technically there are two laws, one for the crime of inviting foreign mischief (Japan Criminal Code section 2 clause 81) and the other for supporting foreign mischief once a foreign force has invaded Japan. "Mischief" can be anything from invasion to espionage. Before World War II, Imperial Japan had a crime similar to the English crime of high treason (Taigyaku zai), which applied to anyone who harmed the Japanese emperor or imperial family. This law was abolished by the American occupation force after World War II.[29]
The application of "Crimes Related to Insurrection" to the Aum Shinrikyo cult of religious terrorists was proposed from lawyers of a defendant who was a high-ranked subordinate so that the cult leader solely would be deemed as responsible. The court rejected this argument.[30]
New Zealand
New Zealand has treason laws that are stipulated under the Crimes Act 1961. Section 73 of the Crimes Act reads as follows:
Every one owing allegiance to the Sovereign
in right of New Zealandcommits treason who, within or outside New Zealand,–
- (a) kills or wounds or does grievous bodily harm to the Sovereign, or imprisons or restrains her or him; or
- (b) levies war against New Zealand; or
- (c) assists an enemy at war with New Zealand, or any armed forces against which New Zealand forces are engaged in hostilities, whether or not a state of war exists between New Zealand and any other country; or
- (d) incites or assists any person with force to invade New Zealand; or
- (e) uses force for the purpose of overthrowing the Government of New Zealand; or
- (f) conspires with any person to do anything mentioned in this section.[31]
The penalty is life imprisonment, except for conspiracy, for which the maximum sentence is 14 years' imprisonment. Treason was the last capital crime in New Zealand law: the death penalty for the offence was not revoked until 1989, 28 years after it was abolished for murder.
Very few people have been prosecuted for the act of treason in New Zealand, and none have been prosecuted in recent years.[32]
Norway
Article 85 of the Constitution of Norway states that "[a]ny person who obeys an order the purpose of which is to disturb the liberty and security of the Storting [Parliament] is thereby guilty of treason against the country."[33]
Russia
Article 275 of the
On 17 April 2023, Russian opposition politician and anti-war activist Vladimir Kara-Murza was convicted on charges of treason and spreading disinformation about the Russian military, and sentenced to 25 years in prison.[35] Kara-Murza's conviction is the longest sentence for political activity since the fall of the Soviet Union, and the length of the sentence is comparable only to Stalin's purges in the 1930s.[36]
South Korea
According to Article 87 of the
- "Ring Leader": death, imprisonment for life or imprisonment without prison labor for life.
- "A person who participates in a plot, or commands, or engages in other essential activities": death, imprisonment for life, imprisonment or imprisonment without prison labor, for not less than five years.
- "A person who has committed acts of killing, wounding, destroying or plundering": death, imprisonment for life, imprisonment or imprisonment without prison labor, for not less than five years.
- "A person who merely responds to the agitation and follows the lead of another or merely joins in the violence": imprisonment or imprisonment without prison labor for not more than five years.
Sweden
Sweden's treason laws are divided into three parts; Högförräderi (High treason), Landsförräderi (Treason) and Landssvek (Treachery).
High treason means crimes committed with the intent to put the Nation, or parts thereof, under foreign rule or influence. It is governed by Brottsbalken (Criminal Code) chapter 19 paragraph 1.
A person who, with intent that the country or a part of it will, by violent or otherwise illegal means or with foreign assistance, be subjugated by a foreign power or made dependent on such a power, or that, in this way, a part of the country will be detached, undertakes an action that involves danger of this intent being realised is guilty of high treason and is sentenced to imprisonment for a fixed term of at least ten and at most eighteen years, or for life or, if the danger was minor, to imprisonment for at least four and at most ten years.
A person who, with intent that a measure or decision of the Head of State, the Government, the Riksdag or the supreme courts will be forced or impeded with foreign assistance, undertakes an action that involves danger of this is also guilty of high treason.[38]
Treason is only applicable when the nation is at war and involves crimes committed with the intent of hindering, misguiding or betraying the defence of the Nation. It is governed by Brottsbalken chapter 22 paragraph 1.
A person who, when the country is at war:
1. impedes, misleads or betrays others who are engaged in the country's defence, or induces them to mutiny, disloyalty or dejection;
2. betrays, destroys or damages property of importance for the total defence;
3. obtains personnel, property or services for the enemy; or
4. commits another similar treacherous act,
is, if the act is liable to result in considerable detriment to the total defence, or includes considerable assistance to the enemy, guilty of treason and is sentenced to imprisonment for a fixed term of at least four and at most ten years, or for life.[38]
Treachery is a lesser form of Treason, where the intended effects are less severe. It is governed by Brottsbalken chapter 22 paragraph 2.
A person who commits an act referred to in Section 1 that is only liable to result in detriment to the total defence to a lesser extent, or includes more minor assistance to the enemy than is stated there, is guilty of treachery and is sentenced to imprisonment for at most six years.[38]
Until 1973 Sweden also had another form of treason called Krigsförräderi (treason at war), which were acts of Treason committed by military personnel. Although Sweden had outlawed
Some media reported that four teenagers (their names were not reported) were convicted of treason after they assaulted
Switzerland
There is no single crime of treason in
Whoever commits an act with the objective of violently
– changing thecanton,
– removing the constitutional authorities of the state from office or making them unable to exercise their authority,
– separating Swiss territory from the Confederation or territory from a canton, shall be punished with imprisonment of no less than a year.
A separate crime is defined in article 267 as "diplomatic treason" (Diplomatischer Landesverrat/Trahison diplomatique):
1. Whoever makes known or accessible a secret, the preservation of which is required in the interest of the Confederation, to a foreign state or its agents, (...) shall be punished with imprisonment of no less than a year.
2. Whoever makes known or accessible a secret, the preservation of which is required in the interest of the Confederation, to the public, shall be punished with imprisonment of up to five years or a monetary penalty.
In 1950, in the context of the Cold War, the following prohibition of "foreign enterprises against the security of Switzerland" was introduced as article 266bis:
1 Whoever, with the purpose of inciting or supporting foreign enterprises aimed against the security of Switzerland, enters into contact with a foreign state or with foreign parties or other foreign organizations or their agents, or makes or disseminates untrue or tendentious claims (unwahre oder entstellende Behauptungen / informations inexactes ou tendancieuses), shall be punished with imprisonment of up to five years or a monetary penalty.
2 In grave cases the judge may pronounce a sentence of imprisonment of no less than a year.
The criminal code also prohibits, among other acts, the suppression or falsification of legal documents or evidence relevant to the international relations of Switzerland (art. 267, imprisonment of no less than a year) and attacks against the independence of Switzerland and incitement of a war against Switzerland (art. 266, up to life imprisonment).
The Swiss military criminal code contains additional prohibitions under the general title of "treason", which also apply to civilians, or which in times of war civilians are also (or may by executive decision be made) subject to. These include
Turkey
Treason per se is not defined in the Turkish Penal Code. However, the law defines crimes which are traditionally included in the scope of treason, such as cooperating with the enemy during wartime. Treason is punishable by imprisonment up to life.
Ukraine
Article 111, paragraph 1, of the Ukrainian Criminal Code (adopted in 2001) states:
High treason, that is an act willfully committed by a citizen of Ukraine in the detriment of sovereignty, territorial integrity and inviolability, defense capability, and state, economic or information security of Ukraine: joining the enemy at the time of martial law or armed conflict, espionage, assistance in subversive activities against Ukraine provided to a foreign state, a foreign organization or their representatives,- shall be punishable by imprisonment for a term of ten to fifteen years.[41]
Articles 109 to 114 set out other offences against the state, such as sabotage.
United Kingdom
The British law of treason is entirely
The Treason Act 1351 has since been amended several times, and currently provides for four categories of treasonable offences, namely:
- "when a man doth compass or imagine the death of our lord the King, or of our lady his Queen or of their eldest son and heir" (following the Succession to the Crown Act 2013 this is read to mean the eldest child and heir);
- "if a man do violate the King's companion, or the King's eldest daughter unmarried, or the wife of the King's eldest son and heir"[42][43] (following the Succession to the Crown Act 2013 this is read to mean the eldest son if the heir);
- "if a man do levy war against our lord the King in his realm, or be adherent to the King's enemies in his realm, giving to them aid and comfort in the realm, or elsewhere"; and
- "if a man slea [slay] the chancellor, treasurer, or the King's justices of the one bench or the other, justices in eyre, or justices of assise, and all other justices assigned to hear and determine, being in their places, doing their offices".
Another Act, the Treason Act 1702 (1 Anne stat. 2 c. 21), provides for a fifth category of treason, namely:
- "if any person or persons ... shall endeavour to deprive or hinder any person who shall be the next in succession to the crown ... from succeeding after the decease of her Majesty (whom God long preserve) to the imperial crown of this realm and the dominions and territories thereunto belonging".
By virtue of the
The penalty for treason was changed from death to a maximum of imprisonment for life under the Crime and Disorder Act 1998.[45] Before 1998, the death penalty was mandatory, subject to the royal prerogative of mercy. Since the abolition of the death penalty for murder in 1965 an execution for treason was unlikely to have been carried out.
Treason laws were used against Irish insurgents before
As to who can commit treason, it depends on the ancient notion of
International influence
The Treason Act 1695 enacted, among other things, a rule that treason could be proved only in a trial by the evidence of two witnesses to the same offence. Nearly one hundred years later this rule was incorporated into the U.S. Constitution,[47] which requires two witnesses to the same overt act. It also provided for a three-year time limit on bringing prosecutions for treason (except for assassinating the king), another rule which has been imitated in some common law countries.
The Sedition Act 1661 made it treason to imprison, restrain or wound the king. Although this law was repealed in the United Kingdom in 1998, it still continues to apply in some Commonwealth countries.
United States
The offense of treason exists at both federal and state levels. The federal crime is defined in the Constitution as either levying war against the United States or adhering to its enemies, and carries a sentence of death or imprisonment and fine.
In the 1790s, opposition political parties were new and not fully accepted. Government leaders often considered their opponents to be traitors. Historian Ron Chernow reports that Secretary of the Treasury Alexander Hamilton and President George Washington "regarded much of the criticism fired at their administration as disloyal, even treasonous, in nature."[48] When the undeclared Quasi-War broke out with France in 1797–98, "Hamilton increasingly mistook dissent for treason and engaged in hyperbole." Furthermore, the Jeffersonian opposition party behaved the same way.[49] After 1801, with a peaceful transition in the political party in power, the rhetoric of "treason" against political opponents diminished.[50][51]
In the United States, Benedict Arnold's name is considered synonymous with treason due to his collaboration with the British during the American Revolutionary War.
"Traitor" was in some cases treated as an honorable label when there had been considerable dissent from policies of the central government. "All the Founding Fathers had once been branded traitors by an unjust establishment power structure. So too, before them, had the Plymouth and Salem Puritans to whom so many...traced their roots."[52]: 55 Abolitionists, who denied the authority of the federal government (see Secession in the United States#Abolitionists for secession by the North), proudly called each other traitors. This includes Theodore Parker, Thomas Wentworth Higginson, Samuel Gridley Howe, "and those like them." David Garrison "proudly called himself a traitor for decades."[52]: 55
Federal
To avoid the abuses of the English law, the scope of treason was specifically restricted in the
Treason against the United States, shall consist only in levying War against them, or in adhering to their Enemies, giving them Aid and Comfort. No Person shall be convicted of Treason unless on the Testimony of two Witnesses to the same overt Act, or on Confession in open Court. The Congress shall have Power to declare the Punishment of Treason, but no Attainder of Treason shall work Corruption of Blood, or Forfeiture except during the Life of the Person attainted.
The Constitution does not itself create the offense; it only restricts the definition (the first paragraph), permits the United States Congress to create the offense, and restricts any punishment for treason to only the convicted (the second paragraph). The crime is prohibited by legislation passed by Congress. Therefore, the United States Code at 18 U.S.C. § 2381 states:
Whoever, owing allegiance to the United States, levies war against them or adheres to their enemies, giving them aid and comfort within the United States or elsewhere, is guilty of treason and shall suffer death, or shall be imprisoned not less than five years and fined under this title but not less than $10,000; and shall be incapable of holding any office under the United States.
The requirement of testimony of two witnesses was inherited from the British Treason Act 1695.
However, Congress has passed laws creating related offenses that punish conduct that undermines the government or the national security, such as sedition in the 1798 Alien and Sedition Acts, or espionage and sedition in the Espionage Act of 1917, which do not require the testimony of two witnesses and have a much broader definition than Article Three treason. Some of these laws are still in effect. The well-known spies Julius and Ethel Rosenberg were charged with conspiracy to commit espionage, rather than treason.[53]
Treason against U.S. states
Most states have treason provisions in their constitutions or statutes similar to those in the U.S. Constitution. The Extradition Clause specifically defines treason as an extraditable offense.
Thomas Jefferson in 1791 said that any Virginia official who cooperated with the federal Bank of the United States proposed by Alexander Hamilton was guilty of "treason" against the state of Virginia and should be executed. The bank opened and no one was prosecuted.[54]
Several persons have been prosecuted for treason on the state level.
Vietnam
The Constitution of Vietnam proclaims that treason is the most serious crime. It is further regulated in the country's 2015 Criminal Code with the 78th article:[57]
- Any Vietnamese citizen acting in collusion with a foreign country with a view to causing harm to the independence, sovereignty, unity and territorial integrity of the Fatherland, the national defense forces, the socialist regime or the State of the Socialist Republic of Vietnam shall be sentenced to between twelve and twenty years of imprisonment, life imprisonment or capital punishment.
- In the event of many extenuating circumstances, the offenders shall be subject to between seven and fifteen years of imprisonment.
Also, according to the Law on Amnesty amended in November 2018, it is impossible for those convicted for treason to be granted amnesty.[58]
Muslim-majority countries
Early in
Currently, the consensus among major Islamic schools is that apostasy (leaving Islam) is considered treason and that the penalty is death; this is supported not in the Quran but in hadith.[60][61][62] This confusion between apostasy and treason almost certainly had its roots in the Ridda Wars, in which an army of rebel traitors led by the self-proclaimed prophet Musaylima attempted to destroy the caliphate of Abu Bakr.
In the 19th and early 20th century, the Iranian Cleric
In
Saudi Arabia accused 10 judges of treason, the crime that is punishable by death in the Kingdom. One of the judges, Abdullah bin Khaled al-Luhaidan sentenced Loujain al-Hathloul to five years and eight months in prison over "inciting change to the basic ruling regime". Such prison sentences were considered "lenient". The judges were forced to sign a confession that they were not giving tougher prison sentence to the activists and in the social media censorship cases. The treason charges were handed out to them in a secret hearing on 16 February 2023. After their detention, Mohammed bin Salman's loyalist were made to hold their positions.[63]
Algeria
In Algeria, treason is defined as the following:
- attempts to change the regime or actions aimed at incitement
- destruction of territory, sabotage to public and economic utilities
- participation in armed bands or in insurrectionary movements
Bahrain
In
If there is serious evidence that a person has perpetrated acts, delivered statements, exercised activities, or has been involved in contacts inside or outside the country, which are of a nature considered to be in violation of the internal or external security of the country, the religious and national interests of the State, its social or economic system; or considered to be an act of sedition that affects or can possibly affect the existing relations between the people and Government, between the various institutions of the State, between the classes of the people, or between those who work in corporations propagating subversive propaganda or disseminating atheistic principles; the Minister of Interior may order the arrest of that person, committing him to one of Bahrain's prisons, searching him, his residence and the place of his work, and may take any measure which he deems necessary for gathering evidence and completing investigations. The period of detention may not exceed three years. Searches may only be made and the measures provided for in the first paragraph may only be taken upon judicial writ.
Palestine
In the areas controlled by the
Related offences
There are a number of other crimes against the state short of treason:
- Apostasy in Islam, considered treason in Islamic belief
- Compounding treason, dropping a prosecution for treason in exchange for money or money's worth
- Defection, or leaving the country, regarded in some communist countries (especially during the Cold War) as disloyalty to the state
- Espionage or spying
- Lèse-majesté, insulting a head of state and a crime in some countries
- Misprision of treason, a crime consisting of the concealment of treason
- Sedition, inciting civil unrest or insurrection, or undermining the government
- Treachery, attacking a state regardless of allegiance
- Treason felony, a British offence tantamount to treason
See also
Terms for traitors
References
- ISBN 9780292759107.
- ^ "Definition of TRAITOR". www.merriam-webster.com. 4 May 2023.
- ISBN 9780813940823.
- Divine mandate and Mandate of Heaven.
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- ISBN 9780691045825. Retrieved 25 August 2015.
- ^ "THE OCCUPATION: Renegade's Return". Time. Vol. XLV, no. 24. 11 June 1945. Archived from the original on December 21, 2011.
- ^ "World War II German propaganda radio broadcaster 'Lord Haw Haw' was born in US". 15 July 2020.
- ^ "Je suis Français et je resterai Français!" Bellemare & Nahmias 2009, p. ~149
- ^ Dual Nationality: TR's "Self-Evident Absurdity", virginia.edu; accessed September 7, 2015. Archived from original https://web.archive.org/web/20060902083405/https://www.law.virginia.edu/html/alumni/uvalawyer/sp05/martin_lecture.htm
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- ^ "Crimes Act 1900 – Section 12". New South Wales Consolidated Acts. Australasian Legal Information Institute. Retrieved 17 November 2012.
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- ^ "Crimes Act 1958 – Section 9A". Victorian Consolidated Acts. Australasian Legal Information Institute. Retrieved 17 November 2012.
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- ^ Gold, Samantha (February 28, 2017). "Treason: A Crash Course on the Gravest National Crime". Forget the Box Media. Retrieved January 28, 2019.
A conviction for high treason carries the penalty of life in prison.
- ^ Article 411-1 Archived 2011-07-04 at the Wayback Machine
- ^ 195.83.177.9 Archived 2011-07-04 at the Wayback Machine
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- ^ Legislative Department, Government of India (2023). "The Indian Penal Code" (PDF).
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- ^ Bunshun.jp
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- ^ The Constitution of the Kingdom of Norway from the Norwegian Parliament's website
- ^ "Chapter 29. Crimes Against the Fundamentals of the Constitutional System and State Security". The Criminal Code Of The Russian Federation. Open LLC. Retrieved 17 November 2012.
- ^ "Russian opposition politician Vladimir Kara-Murza sentenced to 25 years in prison". Meduza. 17 April 2023. Archived from the original on 17 April 2023.
- ^ Aron, Leon (18 April 2023). "Putin's Regime Is Descending Into Stalinism". Politico.
- ^ Refugees, United Nations High Commissioner for. "Republic of Korea: Criminal Code". Refworld. Retrieved 2021-01-29.
- ^ a b c "The Swedish Criminal Code" (PDF). Government.se. Archived from the original (PDF) on 9 August 2021.
- ^ "Swedish Tart Attack was Treason". CNN. December 3, 2001.
- ^ "Bakverk mot kungen gav dryga dagsböter". Aftonbladet. December 3, 2001.
- ^ Criminal Code of Ukraine (.pdf file, retrieved 24 February 2023)
- Prince Charles had been substantiated, it would have amounted to the crime of treason. Queens Anne Boleyn, Catherine Howard and Caroline of Brunswickwere prosecuted for treasonable adultery.
- ^ Ipsen, Erik (5 October 1994). "'Kiss and Tell' Officer Draws Heaps of Scorn". The New York Times. Retrieved 17 November 2012.
- ^ "Treason Act 1708". Legislation.gov.uk. Crown. Retrieved 17 November 2012.
- ^ "Crime and Disorder Act 1998". Legislation.gov.uk. Crown. Retrieved 17 November 2012.
- ISSN 0261-3077. Retrieved 2019-04-03.
- ^ Storey, J. (1833) Commentaries on the Constitution of the United States, §1796
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- ISBN 978-0520017542.
- JSTOR 2710583.
- ^ ISBN 051759028X.
- ^ "The Nation: The Rosenbergs, 50 Years Later; Yes, They Were Guilty. But of What Exactly?" by Sam Roberts, New York Times, 15 June 2003
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- ^ Walker, Jeff (2 August 2007). "A Change of Venue: Joseph Smith's Escape from Liberty Jail" (PDF). Fairmormon.org.
- ^ Fawn M. Brodie, No Man Knows My History (1945, reprinted 1995, NY, Vintage Books) chap. 17, p. 255.
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Sources
- Bellemare, Pierre; Nahmias, Jean-François (2009). La Terrible vérité: 26 grandes énigmes de l'histoire enfin résolues (in French). Albin Michel. p. 149. ISBN 978-2-226-19676-7.
Further reading
- Ben-Yehuda, Nachman, "Betrayals and Treason. Violations of trust and Loyalty." Westview Press, 2001, ISBN 0-8133-9776-6
- Ó Longaigh, Seosamh, "Emergency Law in Independent Ireland, 1922–1948", Four Courts Press, Dublin 2006 ISBN 1-85182-922-9
- Philippe Buc, "Civil war and religion in Medieval Japan and Medieval Europe: War for the gods, emotions at death, and treason", The Indian Economic and Social History Review 57:2 (2020), 1-27.
- West, Rebecca. 1952. The Meaning of Treason. London: Macmillan & Co. LTD.
External links
- Permanent Subcommittee on Investigations, Official site