TREA SON

A C T, 1939.

AN ACT TO PROVIDE FOR THE PUNISHMENT OF TREASON AND CERTAIN

ANCILLARY OFFENCES. [30th May, 1939.]
WHEREAS it is provided by Article 39 of the Constitution that treason shall
consist only in levying war against the State, on assisting any State or
person or inciting or conspiring with any person to levy war against the
State, or attempting by force of arms or other violent means to overthrow
the organs of government, established by the Constitution, or taking part or
being concerned in or inciting or conspiring with any person to make or to
take part or be concerned in any such attempt:
AND WHEREAS, in order that the said Article 39 may be fully effective, it is
necessary that provision should be made by statute for the punishment of
persons who commit or are accessories to the commission of treason:
BE IT THEREFORE ENACTED BY THE OIREACHTAS AS FOLLOWS:
Punishment of
treason.

1.(1) Every person who commits treason within the State shall be liable on
conviction thereof to suffer death.
(2) Every person who, being an Irish citizen or ordinarily resident within the
State, commits treason outside the State shall be liable on conviction thereof
to suffer death.
(3) Whenever a person charged with treason is indicted therefor before the
Central Criminal Court, he shall be so indicted in the same manner in all
respects as a person charged with murder is required by law to be indicted,
and every person who is indicted in manner aforesaid for treason shall be
arranged and tried in the same manner and according to the same course
and order of trial as a person indicted for murder is required by law to be
arraigned and tried, and every person who, on such arraignment and trial, is
found guilty of treason shall be convicted thereof and sentenced therefor in
like manner in all respects as a person found guilty of murder is required by
law to be convicted and sentenced.
(4) No person shall be convicted of treason on the uncorroborated evidence
of one witness.

Encouraging,
harbouring, or
comforting
persons guilty of
treason.

2.(1) Every person who encourages, harbours, or comforts any person

whom he knows or has reasonable grounds for believing to be engaged in
committing treason shall be guilty of felony and on conviction thereof shall
be liable to a fine not exceeding five hundred pounds or, at the discretion of
the Court, to penal servitude for a term not exceeding twenty years or
imprisonment for a term not exceeding two years or to both such fine and
such penal servitude or imprisonment.
(2) No person shall be convicted of felony under this section on the
uncorroborated evidence of one witness.

Misprision of
treason.

3.Every person who, knowing that any act the commission of which would
be treason is intended or proposed to be, or is being, or has been committed,
does not forthwith disclose the same, together with all particulars thereof
known to him, to a Justice of the District Court, or an officer of the Grda
Sochna, or some other person lawfully engaged on duties relating to the
preservation of peace and order shall be guilty of the felony of misprision of
treason and shall be liable on conviction thereof to penal servitude for a term
not exceeding five years or imprisonment for a term not exceeding two
years.

Short title.

4.This Act may be cited as the Treason Act, 1939.