普遍管辖原则在适用时要求犯罪嫌疑人或被告人处于法院地国的实际控制之中,对这一条件的理解与运用 不应过于严格,只要审判阶段被告处于法院地国的实际控制中,就应当视为符合“在场”条件。普遍管辖原则的适用还应 当要求嫌疑人或被告人与法院地国之间不存在关联因素,并且法院地国又没有将其引渡给他国。 The principle of universal jurisdiction, where applicable, requires that the suspect or accused be under the actual control of the State of the court and that the understanding and application of this condition should not be so severe that so long as the accused is actually in control during the trial phase, It should be considered as “In presence” condition. The application of the principle of universal jurisdiction should also require that there be no linkages between the suspects or the accused and the countries of the forum and that the countries of the forum did not extradite them to other countries.