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If a person commits a crime in a country where he or she is not a citizen are they tried and incarcerated in that country or their home country?

  • This depends on any treaties that may be in existence between those two countries. Some countries only allow that other country to try you in certain circumstances.As a general rule, the country that arrests you will try you but will give you access to diplomatic representation that may affect the trial; mostly extradition type hearings.Treaties also effect the incarceration. Dependant on the treaty you could be held in the country that tried you, or extradited with the sentence intact to your home country to serve the time.

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