Misprision of treason
Misprision of treason
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Misprision of treason

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Misprision of treason

Misprision of treason is an offence found in many common law jurisdictions around the world, having been inherited from English law. It is committed by someone who knows a treason is being or is about to be committed but does not report it to a proper authority.

Under Australian law a person is guilty of misprision of treason if he:

(a) receives or assists another person who, to his or her knowledge, has committed treason with the intention of allowing him or her to escape punishment or apprehension; or (b) knowing that another person intends to commit treason, does not inform a constable of it within a reasonable time or use other reasonable endeavours to prevent the commission of the offence.

The maximum penalty is life imprisonment.

Under section 50(1)(b) of the Canadian Criminal Code, a person is guilty of an offence (although it is not described as misprision) if:

knowing that a person is about to commit high treason or treason [he] does not, with all reasonable dispatch, inform a justice of the peace or other peace officer thereof or make other reasonable efforts to prevent that person from committing high treason or treason.

The maximum penalty is 14 years.

Under section 12(1) of the Safeguarding National Security Ordinance, a Chinese citizen is guilty of misprision of treason if he:

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