Can Treason Be Committed When Not at War

Crime of betraying ane's land

Treason is the crime of attacking a state authority to which ane owes allegiance.^[1] This typically includes acts such as participating in a war against 1's native country, attempting to overthrow its government, spying on its military, its diplomats, or its surreptitious services for a hostile and foreign ability, or attempting to kill its head of state. A person who commits treason is known in law as a traitor. ^[ii]

Historically, in common police countries, treason besides covered the murder of specific social superiors, such as the murder of a hubby past his married woman or that of a master by his servant. Treason (i.due east. disloyalty) against one's monarch was known every bit loftier treason and treason against a lesser superior was niggling treason. Equally jurisdictions around the world abolished petty treason, "treason" came to refer to what was historically known as loftier treason.

At times, the term traitor has been used as a political epithet, regardless of any verifiable treasonable action. In a civil state of war or coup, the winners may deem the losers to be traitors. Besides the term traitor is used in heated political discussion – typically as a slur against political dissidents, or against officials in power who are perceived as declining to human activity in the best interest of their constituents. In certain cases, equally with the Dolchstoßlegende (Stab-in-the-back myth), the accusation of treason towards a large group of people tin can be a unifying political message.

History [edit]

Cartoon depicting Václav Bělský (1818–1878), Mayor of Prague from 1863 until 1867, in charge of the city during Prussian occupation in July 1866. Some forces wanted to try him for loftier treason (left: "What some men wished" – "Dr. Bělský for high treason"), only he got a full confidence from the Council of Prague (right: "only what they did not expect" – "address of conviction from the urban center of Prague").

In English law, high treason was punishable by being hanged, fatigued and quartered (men) or burnt at the stake (women), although beheading could exist substituted by royal command (usually for royalty and dignity). Those penalties were abolished in 1814, 1790 and 1973 respectively. The penalty was used by afterwards monarchs confronting people who could reasonably be called traitors. Many of them would at present merely be considered dissidents.^[iii]

Christian theology and political thinking until later on the Enlightenment considered treason and blasphemy synonymous, as it challenged both the state and the will of God. Kings were considered chosen by God,^[4] and to betray 1's country was to practice the piece of work of Satan.^{[ commendation needed ]}

The words "treason" and "traitor" are derived from the Latin tradere, "to deliver or hand over".^[5] Specifically, it is derived from the term "Traditors", which refers to bishops and other Christians who turned over sacred scriptures or betrayed their young man Christians to the Roman government under threat of persecution during the Diocletianic Persecution between AD 303 and 305.

Originally, the offense of treason was conceived of every bit being committed confronting the Monarch; a subject declining 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. Equally asserted in the 18th Century trial of Johann Friedrich Struensee in Kingdom of denmark, a human being having sexual relations with a Queen tin be considered guilty non just of ordinary adultery but besides of treason against her husband, the King.

The English language Revolution in the 17th century and the French Revolution in the 18th introduced a radically different concept of loyalty and treason, under which Sovereignty resides with "The Nation" or "The People" - to whom too the Monarch has a duty of loyalty, and for failing which the Monarch, besides, could be accused of treason. Charles I in England and Louis XVI in France were establish 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 decease 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 ane's own sovereign would also count every bit treason, such were simply a minority amidst treason cases. Conversely, in mod 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, and then Governor of Virginia. Jefferson accustomed the argument, put forward by Billy'south well-wishers, that - not being a citizen and not enjoying any of the benefits of being one - Baton owed no loyalty to Virginia and therefore had committed no treason.^[6] This was a footing-breaking example, since in earlier like cases slaves were constitute guilty of treason and executed.

Under very different circumstances, a like defense was put forward in the case of William Joyce, nicknamed Lord Haw-Haw, who had circulate Nazi propaganda to the Great britain from Deutschland during the Second World War.^[7] Joyce's defence team, appointed past the court, argued that, as an American citizen and naturalised German, Joyce could not be bedevilled of treason against the British Crown. However, the prosecution successfully argued that, since he had lied about his nationality to obtain a British passport and voted in Uk, Joyce did owe allegiance to the king. Thus, Joyce was convicted of treason, and was eventually hanged.^[8]

After Napoleon fell from power for the first fourth dimension, Marshal Michel Ney swore allegiance to the restored King Louis 18, only when the Emperor escaped from Elba, Ney resumed his Napoleonic allegiance, and allowable the French troops at the Battle of Waterloo. After Napoleon was defeated, dethroned, and exiled for the 2nd time in the summer of 1815, Ney was arrested and tried for treason by the Chamber of Peers. In gild to save Ney's life, his lawyer André Dupin argued that as Ney'due south hometown of Sarrelouis had been annexed by Prussia co-ordinate to the Treaty of Paris of 1815, Ney was now a Prussian, no longer owing allegiance to the Rex of France and therefore not liable for treason in a French courtroom. Ney ruined his lawyer's effort by interrupting him and stating: "Je suis Français et je resterai Français!" (I am French and I will remain French!)^[9]. Having refused that defence, Ney was duly found guilty of treason and executed.

Many nations' laws mention various types of treason. "Crimes Related to Coup" is the internal treason, and may include a insurrection d'état. "Crimes Related to Foreign Aggression" is the treason of cooperating with foreign assailment positively regardless of the national inside and outside. "Crimes Related to Inducement of Foreign Aggression" is the crime of communicating with aliens secretly to cause foreign aggression or menace. Depending on the country, conspiracy is added to these.

In individual jurisdictions [edit]

Australia [edit]

In Australia, there are federal and state laws against treason, specifically in the states of New Due south Wales, South Australia and Victoria. Similarly to Treason laws in the United states, citizens of Commonwealth of australia owe allegiance to their sovereign at the federal and state level.

The federal law defining treason in Commonwealth of australia is provided under section 80.i of the Criminal Code, contained in the schedule of the Commonwealth Criminal Code Act 1995.^[ten] 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 espoused of the Sovereign, the Governor-Full general or the Prime Minister; or

(b) causes damage to the Sovereign, the Governor-General or the Prime Minister resulting in the death of the Sovereign, the Governor-General or the Prime number Minister; or

(c) causes harm to the Sovereign, the Governor-General or the Prime Minister, or imprisons or restrains the Sovereign, the Governor-Full general or the Prime Government minister; or

(d) levies war, or does whatsoever act preparatory to levying war, against the Commonwealth; or

(e) engages in conduct that assists by whatever means any, with intent to assist, an enemy:

(i) at war with the Commonwealth, whether or not the existence of a state of 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 Republic; or

(f) engages in deport that assists by any means whatever, with intent to help:

(i) some other state; or

(ii) an system;

that is engaged in armed hostilities against the Australian Defence force Strength; or

(thousand) instigates a person who is not an Australian citizen to make an armed invasion of the Democracy or a Territory of the Republic; 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 (eastward), (f) or (h) if their assistance or intended assistance is purely humanitarian in nature.

The maximum penalization for treason is life imprisonment. Section 80.1AC of the Act creates the related offence of treachery.

New South Wales [edit]

The Treason Act 1351, the Treason Act 1795 and the Treason Act 1817 course part of the police of New Due south Wales. The Treason Act 1795 and the Treason Act 1817 have been repealed by Section 11 of the Crimes Act 1900,^[11] except in so far as they relate to the compassing, imagining, inventing, devising, or intending expiry or destruction, or any actual impairment disposed to death or destruction, maim, or wounding, imprisonment, or restraint of the person of the heirs and successors of Rex George Iii of the Uk, and the expressing, uttering, or declaring of such compassings, imaginations, inventions, devices, or intentions, or any of them.

Department 12 of the Crimes Human action 1900 (NSW) creates an offence which is derived from department 3 of the Treason Felony Act 1848:^[12]

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 Near Gracious Lady the Queen, her heirs or successors, from the style, honor, or Regal name of the Imperial Crown of the United Kingdom, or of any other of Her Majesty'due south dominions and countries, or to levy war against Her Majesty, her heirs or successors, within whatever 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 gild to put any strength or constraint upon, or in order to intimidate or overawe, both Houses or either House of the Parliament of the Great britain, or the Parliament of New S Wales, or to move or stir whatever foreigner or stranger with force to invade the Great britain, or whatsoever other of Her Majesty'due south 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 up and advised speaking, or past any overt human action or human activity, shall be liable to imprisonment for 25 years.

Section 16 provides that naught in Role 2 repeals or affects anything enacted past the Treason Human activity 1351 (25 Edw.3 c. two).^[13] This section reproduces section half dozen of the Treason Felony Deed 1848.

Victoria [edit]

The offence of treason was created by section 9A(ane) of the Crimes Act 1958.^[14] It is punishable past a maximum penalty of life imprisonment.

South Australia [edit]

In South Australia, treason is defined under Section 7 of the Southward Australia Criminal Law Consolidation Act 1935 and punished under Section 10A. Whatever person bedevilled of treason against South Australia will receive a mandatory sentence of life imprisonment.

Brazil [edit]

According to Brazilian police, treason is the crime of disloyalty by a citizen to the Federal Commonwealth of Brazil, applying to combatants of the Brazilian military forces. Treason during wartime is the only crime for which a person can exist sentenced to death (meet capital punishment in Brazil).

The just military person in the history of Brazil to be bedevilled of treason was Carlos Lamarca, an army captain who deserted to become the leader of a communist-terrorist guerrilla against the military government.

Canada [edit]

Section 46 of the Criminal Code has ii degrees of treason, called "high treason" and "treason." However, both of these belong to the historical category of high treason, every bit opposed to petty treason which does not exist in Canadian law. Section 46 reads as follows:^[fifteen]

High treason
(1) Every i commits high treason who, in Canada,

(a) kills or attempts to impale Her Majesty, or does her any bodily harm tending to expiry or devastation, maims or wounds her, or imprisons or restrains her;

(b) levies war against Canada or does any act preparatory thereto; or

(c) assists an enemy at war with Canada, or whatsoever armed forces against whom Canadian Forces are engaged in hostilities, whether or not a state of war exists betwixt Canada and the country whose forces they are.

Treason
(2) Every ane 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 data or any sketch, plan, model, article, note or document of a armed forces or scientific grapheme 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 loftier treason or to practice anything mentioned in paragraph (a);

(d) forms an intention to do annihilation that is high treason or that is mentioned in paragraph (a) and manifests that intention by an overt deed; or

(due east) conspires with whatever person to do annihilation mentioned in paragraph (b) or forms an intention to do anything mentioned in paragraph (b) and manifests that intention by an overt deed.

Information technology is too illegal for a Canadian denizen or a person who owes allegiance to Her Majesty in correct of Canada to practise any of the in a higher place outside Canada.

The penalty for high treason is life imprisonment.^[16] The penalty for treason is imprisonment upwardly to a maximum of life, or up to 14 years for conduct under subsection (2)(b) or (e) in peacetime.

Finland [edit]

Finnish law distinguishes betwixt two types of treasonable offences: maanpetos, treachery in state of war, and valtiopetos, an attack against the ramble guild. The terms maanpetos and valtiopetos are unofficially translated every bit treason and loftier treason, respectively. Both are punishable past imprisonment, and if aggravated, by life imprisonment.

Maanpetos (translates literally to betrayal of state) consists in joining enemy armed forces, making state of war against Finland, or serving or collaborating with the enemy. Maanpetos proper can simply be committed nether atmospheric condition of war or the threat of war. Espionage, disclosure of a national hugger-mugger, and sure other related offences are separately defined under the aforementioned 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 virtually the overthrow of the Finnish constitution or to overthrow the president, cabinet or parliament or to prevent them from performing their functions.

France [edit]

Article 411-i^[17] of the French Penal Code defines treason every bit follows:

The acts defined by articles 411-ii to 411–11 constitute treason where they are committed past a French national or a soldier in the service of French republic, and constitute espionage where they are committed past any other person.

Commodity 411-two 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 strange 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 take elapsed.^[18]

Articles 411–3 to 411–10 ascertain various other crimes of collaboration with the enemy, demolition, and the similar. These are punishable with imprisonment for between vii and 30 years. Article 411-11 make it a crime to incite any of the above crimes.

Too treason and espionage, there are many other crimes dealing with national security, coup, terrorism and so on. These are all to be found in Book IV of the lawmaking.

Deutschland [edit]

German law differentiates between two types of treason: "High treason" (Hochverrat) and "treason" (Landesverrat). High treason, as defined in Section 81^[19] of the German criminal lawmaking is divers as a trigger-happy attempt confronting the existence or the constitutional club of the Federal Democracy of Federal republic of germany, carrying a penalization of life imprisonment or a fixed term of at least ten years. In less serious cases, the penalty is 1–ten years in prison. German criminal law also criminalises loftier treason against a German language state. Grooming 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 Department 94.^[20] It is roughly equivalent to espionage; more precisely, information technology consists of betraying a hush-hush either directly to a strange ability, or to anyone non allowed to know of it; in the latter case, treason is only committed if the aim of the crime was explicitly to impairment the Federal Republic or to favor a foreign power. The offense carries a penalization of one to fifteen years in prison. However, in peculiarly severe cases, life imprisonment or any term of at least five years may be sentenced.

As for many crimes with substantial threats of penalty active repentance is to be considered in mitigation nether §83a StGB (Section 83a, Criminal Code).

Notable cases involving Landesverrat are the Weltbühne trial during the Weimar Commonwealth and the Spiegel scandal of 1962. On 30. July 2015, Germany's Public Prosecutor General Harald Range initiated criminal investigation proceedings confronting the German blog netzpolitik.org.

Hong Kong [edit]

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 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 Regime, is treason, punishable with life imprisonment.^[21] ^[22]

Republic of ireland [edit]

Article 39 of the Constitution of Ireland (adopted in 1937) states:

treason shall consist but in levying state of war against the Land, or assisting whatever State or person or inciting or conspiring with whatever person to levy war against the State, or attempting by force of artillery or other vehement means to overthrow the organs of authorities established past the Constitution, or taking part or being concerned in or inciting or conspiring with any person to make or to have part or exist concerned in whatsoever such try.^[23]

Following the enactment of the 1937 constitution, the Treason Act 1939 provided for imposition of the death sentence for treason.^[24] The Criminal Justice Act 1990 abolished the expiry penalty, setting the punishment for treason at life imprisonment, with parole in non less than forty years.^[25] No person has been charged under the Treason Act.^{[ citation needed ]} Irish republican legitimatists who refuse to recognise the legitimacy of the Democracy of Ireland take been charged with lesser crimes under the Offences confronting the State Acts 1939–1998.

Italy [edit]

The Italian law defines various types of crimes that could be generally described as treason (tradimento), although they are so many and and so precisely divers that no one of them is just called tradimento in the text of Codice Penale (Italian Criminal Code). The treason-type crimes are grouped equally "crimes confronting the personhood of the State" (Crimini contro la personalità dello Stato) in the 2d Book, Commencement Championship, of the Criminal Code.

Articles 241 to 274 detail crimes against the "international personhood of the State" such as "effort against wholeness, independence and unity of the State" (art.241), "hostilities confronting a foreign State bringing the Italian State in danger of war" (art.244), "blackmail of a citizen by a foreigner against the national interests" (art.246), and "political or armed forces espionage" (art.257).

Articles 276 to 292 detail crimes against the "domestic personhood of the State", ranging from "attempt on the President of the Democracy" (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" (fine art.286).

Farther articles detail other crimes, especially those of conspiracy, such as "political conspiracy through association" (art.305), or "armed clan: creating and participating" (fine art.306).

The penalties for treason-type crimes before the abolition of the monarchy in 1948 included death every bit maximum penalty and, for some crimes, as the only penalty possible. Nowadays the maximum penalty is life imprisonment (ergastolo).

Japan [edit]

Japan does not technically have a law of treason.^[26] Instead it has an offence confronting taking role in strange aggression against the Japanese land (gaikan zai; literally "offense of foreign mischief"). The police applies equally to Japanese and non-Japanese people, while treason in other countries usually applies simply to their ain citizens. Technically there are two laws, one for the offense of inviting foreign mischief (Nihon Criminal Lawmaking department ii clause 81) and the other for supporting foreign mischief once a foreign strength has invaded Japan. "Mischief" can be anything from invasion to espionage. Before World War 2, Imperial Japan had a crime similar to the English language crime of high treason (Taigyaku zai), which practical to anyone who harmed the Japanese emperor or imperial family. This law was abolished by the American occupation force afterwards Earth War Two.^[27]

The application of "Crimes Related to Coup" to the Aum Shinrikyo cult of religious terrorists was considered.^{[ commendation needed ]}

New Zealand [edit]

New Zealand has treason laws that are stipulated nether the Crimes Human action 1961. Section 73 of the Crimes Act reads as follows:

Every one owing allegiance to Her Majesty the Queen in right of New Zealand commits treason who, within or outside New Zealand,—

(a) Kills or wounds or does grievous actual damage to Her Majesty the Queen, or imprisons or restrains her; or

(b) Levies state of war against New Zealand; or

(c) Assists an enemy at state of war with New Zealand, or any armed forces confronting which New Zealand forces are engaged in hostilities, whether or non a war exists between New Zealand and any other state; or

(d) Incites or assists any person with strength to invade New Zealand; or

(e) Uses force for the purpose of overthrowing the New Zealand Government; or

(f) Conspires with whatever person to do anything mentioned in this section.^[28]

The penalisation is life imprisonment, except for conspiracy, for which the maximum judgement is 14 years' imprisonment. Treason was the last capital crime in New Zealand law, with the death penalty not being revoked until 1989, years subsequently information technology was abolished for murder.

Very few people have been prosecuted for the human action of treason in New Zealand and none have been prosecuted in recent years.^[29]

Norway [edit]

Article 85 of the Constitution of Norway states that "[a]ny person who obeys an guild the purpose of which is to disturb the liberty and security of the Storting [Parliament] is thereby guilty of treason against the state."^[xxx]

Russia [edit]

Article 275 of the Criminal Code of Russia^[31] defines treason as "espionage, disclosure of state secrets, or any other assistance rendered to a foreign State, a foreign organization, or their representatives in hostile activities to the detriment of the external security of the Russian Federation, committed by a citizen of the Russian Federation." The sentence is imprisonment for 12 to 20 years. It is not a capital offence, even though murder and some aggravated forms of attempted murder are (although Russia currently has a moratorium on the capital punishment). Subsequent sections provide for further offences against land security, such as armed rebellion and forcible seizure of ability.

Southward Korea [edit]

According to Article 87 of the Criminal Lawmaking of South Korea, "a person who creates a violence for the purpose of usurping the national territory or subverting the Constitution" tin be establish guilty of treason.^[32] The punishments for treason are equally follows:

"Ring Leader": expiry, 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": decease, imprisonment for life, imprisonment or imprisonment without prison labor, for not less than v 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 but responds to the agitation and follows the lead of another or merely joins in the violence": imprisonment or imprisonment without prison house labor for not more than 5 years.

Sweden [edit]

Sweden's treason laws are divided into three parts; Högförräderi (High treason), Landsföräderi (Treason) and Landssvek (Treachery).

High treason ways crimes comitted with the intent to put the Nation, or parts thereof, under foreign rule or influence. It is governed by Brottsbalken (Criminal Lawmaking) affiliate 19 paragraph one.

A person who, with intent that the country or a part of it volition, by violent or otherwise illegal means or with strange assistance, be subjugated by a foreign power or fabricated dependent on such a ability, or that, in this way, a function of the country volition be discrete, undertakes an action that involves danger of this intent being realised is guilty of loftier treason and is sentenced to imprisonment for a fixed term of at least 10 and at most xviii years, or for life or, if the danger was small-scale, to imprisonment for at to the lowest degree four and at most ten years.

A person who, with intent that a measure out or decision of the Head of Land, 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 as well guilty of high treason.^[33]

Treason is merely applicable when the nation is at war and involves crimes committed with the intent of hindering, misguiding or betraying the defence force of the Nation. It is governed past Brottsbalken chapter 22 paragraph 1.

A person who, when the state is at war:

1. impedes, misleads or betrays others who are engaged in the country'southward defense, or induces them to mutiny, disloyalty or dejection;

2. betrays, destroys or damages property of importance for the total defence;

3. obtains personnel, belongings 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 aid to the enemy, guilty of treason and is sentenced to imprisonment for a stock-still term of at least four and at most ten years, or for life.^[33]

Treachery is a lesser form of Treason, where the intended effects are less severe. Information technology is governed by Brottsbalken chapter 22 paragraph two.

A person who commits an human action referred to in Section 1 that is but liable to result in detriment to the full defence to a bottom extent, or includes more minor assistance to the enemy than is stated there, is guilty of treachery and is sentenced to imprisonment for at virtually vi years.^[33]

Until 1973 Sweden also had another form of treason chosen Krigsförräderi (treason at war), which were acts of Treason committed by military personnel. Although Sweden had outlawed death sentence in peace fourth dimension in 1922, this type of treason carried the capital punishment until 1973.

Some media reported that 4 teenagers (their names were not reported) were convicted of treason after they assaulted King Carl XVI Gustaf of Sweden by throwing a cake on his face on 6 September 2001.^[34] In reality they were however non convicted of treason but of Högmålsbrott, translated as Treasonable offence in English language, which in Swedish criminal law are acts with the intent to overthrow the Form of Government, or impede or hinder the Government, the Riksdag, the Supreme Court or the Head of Country. The law also prohibits the utilise of forcefulness confronting the King or any member of the Majestic Family. It is governed by Brottsbalken chapter 18. They were fined betwixt 80 and 100 days' income. ^[35]

Switzerland [edit]

There is no single criminal offence of treason in Swiss law; instead, multiple criminal prohibitions apply. Article 265 of the Swiss Criminal Lawmaking prohibits "high treason" (Hochverrat/haute trahison) every bit follows:

Whoever commits an act with the objective of violently
– changing the constitution of the Confederation or of a canton,
– removing the constitutional authorities of the state from office or making them unable to practice their authorisation,
– separating Swiss territory from the Confederation or territory from a canton, shall be punished with imprisonment of no less than a yr.

A separate crime is defined in commodity 267 as "diplomatic treason" (Diplomatischer Landesverrat/Trahison diplomatique):

ane. Whoever makes known or accessible a cloak-and-dagger, 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.
ii. 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 5 years or a monetary penalisation.

In 1950, in the context of the Common cold War, the following prohibition of "strange enterprises against the security of Switzerland" was introduced as commodity 266^bis:

^ane 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 strange 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 exist punished with imprisonment of upwardly to v years or a budgetary penalty.
² In grave cases the judge may pronounce a sentence of imprisonment of no less than a yr.

The criminal code too prohibits, among other acts, the suppression or falsification of legal documents or show relevant to the international relations of Switzerland (art. 267, imprisonment of no less than a twelvemonth) and attacks against the independence of Switzerland and incitement of a war confronting Switzerland (art. 266, up to life imprisonment).

The Swiss military criminal code contains additional prohibitions nether the full general championship of "treason", which also utilize to civilians, or which in times of war civilians are also (or may by executive decision be fabricated) subject to. These include espionage or manual of secrets to a foreign power (art. 86); demolition (art. 86a); "armed services treason", i.eastward., the disruption of activities of military significance (art. 87); interim as a franc-tireur (fine art. 88); disruption of armed forces action by disseminating untrue information (art. 89); military service against Switzerland by Swiss nationals (art. 90); or giving aid to the enemy (art. 91). The penalties for these crimes vary, but include life imprisonment in some cases.

Turkey [edit]

Treason per se is not defined in the Turkish Penal Lawmaking. Nevertheless, the law defines crimes which are traditionally included in the telescopic of treason, such as cooperating with the enemy during wartime. Treason is punishable by imprisonment up to life.

U.k. [edit]

The British law of treason is entirely statutory and has been then since the Treason Human activity 1351 (25 Edw. 3 St. v c. 2). The Act is written in Norman French, but is more commonly cited in its English translation.

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 expiry of our lord the King, or of our lady his Queen or of their eldest son and heir"; (post-obit the Succession to the Crown Human activity 2022 this is read to mean the eldest child and heir)

"if a homo do violate the King'due south companion, or the King's eldest daughter unmarried, or the wife of the King'southward eldest son and heir";^[36] ^[37] (following the Succession to the Crown Act 2022 this is read to hateful the eldest son if the heir)

"if a man do levy war against our lord the Rex in his realm, or be adherent to the Rex's enemies in his realm, giving to them assistance and comfort in the realm, or elsewhere"; and

"if a man slea the chancellor, treasurer, or the Male monarch'south justices of the i 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 Deed, the Treason Act 1702 (1 Anne stat. ii c. 21), provides for a fifth category of treason, namely:

"if any person or persons ... shall attempt to deprive or hinder any person who shall be the next in succession to the crown ... from succeeding after the expiry of her Majesty (whom God long preserve) to the imperial crown of this realm and the dominions and territories thereunto belonging".

Past virtue of the Treason Act 1708, the police force of treason in Scotland is the same as the law in England, save that in Scotland the slaying of the Lords of Session and Lords of Justiciary and counterfeiting the Great Seal of Scotland remain treason under sections 11 and 12 of the Treason Act 1708 respectively.^[38] Treason is a reserved affair about which the Scottish Parliament is prohibited from legislating. Two acts of the former Parliament of Republic of ireland passed in 1537 and 1542 create farther treasons which apply in Northern Republic of ireland.

The penalisation for treason was inverse from expiry to a maximum of imprisonment for life in 1998 under the Crime And Disorder Act.^[39] Earlier 1998, the capital punishment was mandatory, subject to the royal prerogative of mercy. Since the abolition of the capital punishment for murder in 1965 an execution for treason was unlikely to have been carried out.

Treason laws were used confronting Irish gaelic insurgents before Irish gaelic independence. However, members of the Provisional IRA and other militant republican groups were not prosecuted or executed for treason for levying war against the British government during the Troubles. They, along with members of loyalist paramilitary groups, were jailed for murder, fierce crimes or terrorist offences. William Joyce ("Lord Haw-Haw") was the last person to be put to death for treason, in 1946. (On the post-obit day Theodore Schurch was executed for treachery, a similar offense, and was the last man to be executed for a criminal offense other than murder in the UK.)

The Indische Legion attached to the German Army was created in 1941, mainly from disaffected Indian soldiers of the British Indian Army.

As to who can commit treason, it depends on the ancient notion of fidelity. As such, all British nationals (only not other Commonwealth citizens) owe allegiance to the Queen in right of the United kingdom of great britain and northern ireland wherever they may exist, equally do Commonwealth citizens and aliens present in the United Kingdom at the fourth dimension of the treasonable act (except diplomats and strange invading forces), those who agree a British passport however obtained, and aliens who – having lived in Uk and gone abroad over again – have left behind family unit and belongings.^[40]

International influence [edit]

The Treason Human activity 1695 enacted, among other things, a rule that treason could be proved only in a trial by the evidence of ii witnesses to the same offence. Nearly one hundred years later this rule was incorporated into the U.S. Constitution,^[41] which requires ii witnesses to the same overt human action. It also provided for a three-yr 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 fabricated it treason to imprison, restrain or wound the male monarch. Although this law was abolished in the United Kingdom in 1998, it nevertheless continues to utilise in some Commonwealth countries.

Usa [edit]

The offense of treason exists at both federal and state levels. The federal crime is defined in the Constitution as either levying war confronting the The 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 frequently 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."^[42] When an undeclared Quasi-War bankrupt 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.^[43] After 1801, with a peaceful transition in the party in power, the rhetoric of "treason" against political opponents diminished.^[44] ^[45]

Federal [edit]

To avoid the abuses of the English police force, the telescopic of treason was specifically restricted in the Us Constitution. Article III, department 3 reads as follows:

Treason against the Us, 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 2 Witnesses to the same overt Act, or on Confession in open Courtroom. The Congress shall have Power to declare the Penalization of Treason, just no Attainder of Treason shall piece of work Corruption of Blood, or Forfeiture except during the Life of the Person attainted.

The Constitution does not itself create the offense; it merely restricts the definition (the first paragraph), permits the United States Congress to create the criminal offence, and restricts whatever punishment for treason to only the convicted (the 2nd paragraph). The crime is prohibited by legislation passed past 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 assistance 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 championship but not less than $ten,000; and shall be incapable of property any part nether the United States.

The requirement of testimony of two witnesses was inherited from the British Treason Human action 1695.

Yet, Congress has passed laws creating related offenses that punish behave 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 exercise not require the testimony of 2 witnesses and take 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.^[46]

Historical cases [edit]

In the United states of america, Bridegroom Arnold's name is considered synonymous with treason due to his collaboration with the British during the American Revolutionary State of war. This, even so, occurred before the Constitution was written. Arnold became a general in the British Army, which protected him.

Since the Constitution came into effect, there take been fewer than 40 federal prosecutions for treason and even fewer convictions. Several men were convicted of treason in connectedness with the 1794 Whiskey Rebellion only were pardoned by President George Washington.

Burr trial [edit]

The most famous treason trial, that of Aaron Burr in 1807, resulted in acquittal. In 1807, on a accuse of treason, Burr was brought to trial before the Usa Excursion Courtroom at Richmond, Virginia. The simply physical evidence presented to the 1000 jury was General James Wilkinson'due south and then-called letter from Burr, which proposed the idea of stealing land in the Louisiana Purchase. The trial was presided over past Principal Justice of the The states John Marshall, interim as a circuit judge. Since no witnesses testified, Burr was acquitted in spite of the full force of Jefferson'southward political influence thrown against him. Immediately after, Burr was tried on a misdemeanor charge and was again acquitted.^[47]

Civil War [edit]

During the American Civil War, treason trials were held in Indianapolis against Copperheads for conspiring with the Confederacy against the Us.^[48] ^[49] In addition to treason trials, the federal government passed new laws that allowed prosecutors to try people for the charge of disloyalty.^[50]

Various legislation was passed, including the Conspiracies Deed of July 31, 1861. Because the law defining treason in the constitution was then strict, new legislation was necessary to prosecute defiance of the government.^[51] Many of the people indicted on charges of conspiracy were not taken to trial, only instead were arrested and detained.^[51]

In add-on to the Conspiracies Act of July 31, 1861, in 1862, the federal government went further to redefine treason in the context of the civil war. The human activity that was passed is entitled "An Act to Suppress Coup; to punish Treason and Rebellion, to seize and confiscate the Property of Rebels, and for other purposes". It is colloquially referred to every bit the "2d Confiscation Deed". The deed essentially lessened the penalisation for treason. Rather than take death as the just possible punishment for treason, the act made information technology possible to give individuals lesser sentences.^[51]

Reconstruction [edit]

Later on the Civil State of war the question was whether the United States regime would make indictments for treason against leaders of the Amalgamated States of America, equally many people demanded. Jefferson Davis, the President of the Confederate States, was indicted and held in prison for two years. The indictments were dropped on February xi, 1869, following the blanket amnesty noted below.^[52] When accepting Lee's give up of the Regular army of Northern Virginia, at Appomattox Courthouse, in April 1865, Gen. Ulysses Southward. Grant bodacious all Amalgamated soldiers and officers a blanket immunity, provided they returned to their homes and refrained from any further acts of hostility, and subsequently other Wedlock generals issued similar terms of immunity when accepting Confederate surrenders.^[53] All Amalgamated officials received a blanket immunity issued by President Andrew Johnson on Christmas Mean solar day, 1868.

World State of war II [edit]

Iva Toguri, known as Tokyo Rose, was tried for treason afterwards Globe State of war Two for her broadcasts to American troops.

In 1949 Iva Toguri D'Aquino was convicted of treason for wartime Radio Tokyo broadcasts (under the name of "Tokyo Rose") and sentenced to ten years, of which she served six. Equally a result of prosecution witnesses having lied under adjuration, she was pardoned in 1977.

In 1952 Tomoya Kawakita, a Japanese-American dual citizen was convicted of treason and sentenced to death for having worked as an interpreter at a Japanese Pw camp and having mistreated American prisoners. He was recognized by a former prisoner at a department shop in 1946 subsequently having returned to the United States. The judgement was later commuted to life imprisonment and a $ten,000 fine. He was released and deported in 1963.

Cold War and after [edit]

The Common cold War saw frequent talk linking treason with back up for Communist-led causes. The about memorable of these came from Senator Joseph McCarthy, who used rhetoric about the Democrats equally guilty of "twenty years of treason". As chosen chair of the Senate Permanent Investigations Subcommittee, McCarthy also investigated various regime agencies for Soviet spy rings; however, he acted as a political fact-finder rather than a criminal prosecutor. The Cold War menstruum saw no prosecutions for explicit treason, but there were convictions and fifty-fifty executions for conspiracy to commit espionage on behalf of the Soviet Union, such as in the Julius and Ethel Rosenberg case.

On October xi, 2006, the United states of america government charged Adam Yahiye Gadahn for videos in which he appeared as a spokesman for al-Qaeda and threatened attacks on American soil.^[54] He was killed on January nineteen, 2015, in an unmanned aircraft (drone) strike in Waziristan, Islamic republic of pakistan.^[55]

Treason against U.South. states [edit]

Virtually states accept treason provisions in their constitutions or statutes like to those in the U.S. Constitution. The Extradition Clause specifically defines treason equally an extraditable law-breaking.

Thomas Jefferson in 1791 said that whatsoever Virginia official who cooperated with the federal Bank of the United States proposed by Alexander Hamilton was guilty of "treason" confronting the country of Virginia and should be executed. The Bank opened and no ane was prosecuted.^[56]

Several persons have been prosecuted for treason on the state level. Thomas Dorr was convicted for treason against the state of Rhode Island for his part in the Dorr Rebellion, simply was eventually granted amnesty. John Chocolate-brown was bedevilled of treason against the Democracy of Virginia for his function in the raid on Harpers Ferry, and was hanged. The Mormon prophet, Joseph Smith, was charged with treason against Missouri along with five others, at first in forepart of a state military court, only Smith was allowed to escape^[57] to Illinois after his case was transferred to a civilian court for trial on charges of treason and other crimes.^[58] Smith was then afterward imprisoned for trial on charges of treason against Illinois, simply was murdered by a lynch mob while in jail awaiting trial.

Vietnam [edit]

The Constitution of Vietnam proclaims that treason is the virtually serious crime. It is further regulated in the land's 2022 Criminal Lawmaking with the 78th article:^[59]

Any Vietnamese denizen acting in collusion with a foreign land 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 betwixt twelve and xx years of imprisonment, life imprisonment or capital letter punishment.

In the consequence of many extenuating circumstances, the offenders shall be subject field to betwixt vii and fifteen years of imprisonment.

Besides, according to the Law on Amnesty amended in November 2018, it is impossible for those bedevilled for treason to be granted amnesty.^[60]

Muslim-majority countries [edit]

Early in Islamic history, the simply course of treason was seen equally the attempt to overthrow a merely government or waging war against the State. According to Islamic tradition, the prescribed punishment ranged from imprisonment to the severing of limbs and the death penalty depending on the severity of the crime. However, even in cases of treason the repentance of a person would accept to be taken into account.^[61]

Currently, the consensus amongst major Islamic schools is that betrayment (leaving Islam) is considered treason and that the penalisation is death; this is supported not in the Quran but in hadith.^[62] ^[63] ^[64] ^[65] This confusion between apostasy and treason nigh certainly had its roots in the Ridda Wars, in which an regular army of rebel traitors led past the self-proclaimed prophet Musaylima attempted to destroy the caliphate of Abu Bakr.

In the 19th and early 20th century, the Iranian Cleric Sheikh Fazlollah Noori opposed the Iranian Constitutional Revolution by inciting insurrection against them through issuing fatwas and publishing pamphlets arguing that democracy would bring vice to the country. The new government executed him for treason in 1909.

In Malaysia, information technology is treason to commit offences against the Yang di-Pertuan Agong's person, or to wage or attempt to wage war or abet the waging of war confronting the Yang di-Pertuan Agong, a Ruler or Yang di-Pertua Negeri. All these offences are punishable by hanging, which derives from the English treason acts (as a erstwhile British colony, Malaysia's legal organization is based on English mutual law).

People's democratic republic of algeria [edit]

A young Harki, an Algerian who served the French during the Algerian War, circa 1961

In Algeria, treason is defined as the post-obit:

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 [edit]

In Bahrain, plotting to topple the regime, collaborating with a foreign hostile country and threatening the life of the Emir are defined equally treason and punishable past decease. The State Security Police force of 1974 was used to crush dissent that could be seen equally treasonous, which was criticised for permitting severe human rights violations in accordance with Article One:

If at that place 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 land, the religious and national interests of the State, its social or economic system; or considered to be an act of sedition that affects or tin can possibly impact the existing relations betwixt the people and Government, between the various institutions of the State, between the classes of the people, or between those who piece of work in corporations propagating subversive propaganda or disseminating atheistic principles; the Government minister of Interior may order the arrest of that person, committing him to 1 of Bahrain's prisons, searching him, his residence and the place of his piece of work, and may take any mensurate which he deems necessary for gathering evidence and completing investigations. The period of detention may not exceed three years. Searches may just be fabricated and the measures provided for in the first paragraph may simply be taken upon judicial writ.

Palestine [edit]

In the areas controlled past the Palestinian National Dominance, information technology is treason to give assistance to Israeli troops without the authorization of the Palestinian Authority or to sell land to Jews (irrespective of nationality) or not-Jewish Israeli citizens under the Palestinian Land Laws, as role of the PA's general policy of discouraging the expansion of Israeli settlements. Both crimes are upper-case letter offences field of study to the death penalty, although the former provision has not often been enforced since the beginning of effective security cooperation between the Israel Defense force Forces, Israel Law, and Palestinian National Security Forces since the mid-2000s (decade) under the leadership of Prime Minister Salam Fayyad. Also, in the Gaza Strip nether the Hamas-led authorities, any sort of cooperation or assistance to Israeli security forces during military actions is also punishable by expiry.

[edit]

There are a number of other crimes against the state short of treason:

Betrayment in Islam, considered treason in Islamic conventionalities
Compounding treason, dropping a prosecution for treason in exchange for money or money'due south worth
Defection, or leaving the country, regarded in some communist countries (especially during the Cold State of war) every bit 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

Run into besides [edit]

Betrayal
Constructive treason
Police force of majestas
List of people convicted of treason

Terms for traitors [edit]

Hanjian
Jash (term)
Judas
Malinchism
Mir Jafar
Quisling

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External links [edit]

Wikiquote has quotations related to: Treason

Look up traitor in Wiktionary, the complimentary dictionary.

British Treason Law
Permanent Subcommittee on Investigations, Official site

williamswhouthearied.blogspot.com

Source: https://en.wikipedia.org/wiki/Treason