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Report No. 43

2.13. Special case of alien entering the country for a purpose prejudicial to national security.-

If, however, an alien enters into our territory for the purpose of completing an offence involving national security for which he has made preparations abroad, he may be guilty by the express language of some of the provisions because the act of entry with that intention may itself be an overt act sufficient to fasten the guilt on him1. This view seems to prevail in U.S.S.R2. "The text-books3 consider a foreign citizen who enters the Soviet Union with the intention of committing a crime for which he has made preparations abroad, as punishable according to Soviet criminal law (e.g. espionage or smuggling;)".4

1 Compare provision suggested below as to infiltration for a purpose prejudicial to the national security.

2 F.J. Feldbrugge Soviet Criminal Law, (1964), being Vol. 9 in the Series, Law in Eastern Europe, (University of Leyden), p. 68.

3 The reference is to a text-book in the Russian language-Soviet Criminal Law, General Part, Edited by V.M. Chkhikvadze, Moscow, (1959).

4 In a footnote it is added, "It is doubtful whether this view can still be held under the new legislation."

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