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High treason

 

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High treason



 
 
High treason is criminal disloyalty to one's country. Participating in a war against one's country, attempting to overthrow its government, spying on its military, its diplomats, or its secret services for a hostile and foreign power, or attempting to kill its head of state are perhaps the best-known examples of high treason. High treason requires that the alleged traitor have obligations of loyalty in the state they betrayed, such as citizenship, although presence in the state at the time is sufficient.






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High treason is criminal disloyalty to one's country. Participating in a war against one's country, attempting to overthrow its government, spying on its military, its diplomats, or its secret services for a hostile and foreign power, or attempting to kill its head of state are perhaps the best-known examples of high treason. High treason requires that the alleged traitor have obligations of loyalty in the state they betrayed, such as citizenship, although presence in the state at the time is sufficient. Foreign spies, assassins, and saboteurs, though not suffering the dishonor associated with conviction for high treason, may still be tried and punished judicially for acts of espionage, assassination, or sabotage, though in contemporary times, foreign spies and saboteurs are usually repatriated following capture.

Historically, in common law
Common law

Common law refers to law and the corresponding Legal systems of the world developed through legal opinion of courts and similar tribunals , rather than through statute law or Executive ....
 countries high treason was differentiated from petty treason
Petty treason

Petty treason or petit treason was, in common law, the betrayal of a superior by a subordinate. It differed from the better-known high treason in that high treason can only be committed against the Sovereign....
, which was the act of killing a lawful superior (such as a servant killing his or her master or mistress). It was, in effect, considered a more serious degree of murder
Murder

Murder as defined in common law countries, is the unlawful killing of another human being with intent , and generally this state of mind distinguishes murder from other forms of unlawful homicide....
. As jurisdictions around the world abolished petty treason, the concept of petty treason gradually faded, and today use of the word "treason
Treason

In law, treason is the crime that covers some of the more serious acts of loyalty to one's sovereignty or nation. Historically, treason also covered the murder of specific social superiors, such as the murder of a husband by his wife ....
" generally refers to "high treason."

Canadian law


In Canadian law
Treason

In law, treason is the crime that covers some of the more serious acts of loyalty to one's sovereignty or nation. Historically, treason also covered the murder of specific social superiors, such as the murder of a husband by his wife ....
 however, there are two separate offences of treason and high treason, but both of these, in fact, fall in the historical category of high treason. In Canada, the main difference in law between treason and high treason is contingent on whether the nation is at war or not. The spectrum of acts (attempting to overthrow the government, spying for a foreign power, revealing state/military secrets, etc.) generally considered de facto treasonous are considered in peacetime to constitute the crime of “treason”. The same acts, committed in wartime, however, constitute the crime of “high treason”. Only the act of attempting to assassinate the Head of State (the regnant monarch) is legally considered “high treason” during times of peace. The practical distinction between the two offenses is, however, minimal. The punishment for high treason in Canadian law is life imprisonment and the punishment for treason is the same, excepting where the treasonous offence is the betrayal of scientific or military state secrets. The punishment in this situation is life imprisonment during wartime (high treason), but imprisonment of a term not exceeding fourteen years duration in peacetime (treason).

See also

  • Treason
    Treason

    In law, treason is the crime that covers some of the more serious acts of loyalty to one's sovereignty or nation. Historically, treason also covered the murder of specific social superiors, such as the murder of a husband by his wife ....
  • List of people convicted of treason
    List of people convicted of treason

    This is a list of people convicted of treason.Some countries, such as the U.S., have a high constitutional hurdle to conviction for treason, while many countries, especially absolute monarchy and dictatorships, have less stringent definitions....