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In law, treason is the crime that covers some of the more serious acts of betrayal of one's sovereign or nation. Historically, treason also covered the murder of specific social superiors, such as the murder of a husband by his wife (treason against the king was known as high treason and treason against a lesser superior was petit treason). A person who commits treason is known in law as a traitor.

Oran's Dictionary of the Law (1983) defines treason as: "...[a]...citizen's actions to help a foreign government overthrow, make war against, or seriously injure the [parent nation]." In many nations, it is also often considered treason to attempt or conspire to overthrow the government, even if no foreign country is aided or involved by such an endeavour.

Outside legal spheres, the word "traitor" may also be used to describe a person who betrays (or is accused of betraying) their own political party, nation, family, friends, ethnic group, team, religion, social class, or other group to which they may belong. Often, such accusations are controversial and disputed, as the person may not identify with the group of which they are a member, or may otherwise disagree with the group leaders making the charge. See, for example, race traitor.

At times, the term "traitor" has been levelled as a political epithet, regardless of any verifiable treasonable action. In a civil war or insurrection, the winners may deem the losers to be traitors. Likewise the term "traitor" is used in heated political discussion – typically as a slur against political dissidents, or against officials in power who are perceived as failing to act in the best interest of their constituents. In certain cases, as with the German Dolchstoßlegende, the accusation of treason towards a large group of people can be a unifying political message.

In English law, high treason was punishable by being hanged, drawn and quartered (men) or burnt at the stake (women), the only crime which attracted those penalties (until the Treason Act 1814). The penalty was used by later monarchs against people who could reasonably be called traitors, although most modern jurists would call it excessive. Many of them would now just be considered dissidents.

In William Shakespeare's play King Lear (circa 1600), when the King learns that his daughter Regan has publicly dishonoured him, he says They could not, would not do 't; 'tis worse than murder: a conventional attitude at that time. In Dante Alighieri's Inferno, the ninth and lowest circle of Hell is reserved for traitors; Judas Iscariot, who betrayed Jesus, suffers the worst torments of all: being constantly gnawed at by one of Lucifer's own three mouths. His treachery is considered so notorious that his name has long been synonymous with traitor, a fate he shares with Benedict Arnold, Marcus Junius Brutus (who too is depicted in Dante's Inferno, suffering the same fate as Judas along with Cassius Longinus), and Vidkun Quisling. Indeed, the etymology of the word traitor originates with Judas' handing over of Jesus to the Roman authorities: the word is derived from the Latin traditorem which means "one who delivers."[1]

Australia

Section 80.1 of the Criminal Code, contained in the schedule of the Criminal Code Act 1995, defines treason as follows:

"A person commits an offence, called treason, if the person: (a) causes the death of the Sovereign, the heir apparent of the Sovereign, the consort of the Sovereign, the Governor-General or the Prime Minister; or (b) causes harm to the Sovereign, the Governor-General or the Prime Minister resulting in the death of the Sovereign, the Governor-General or the Prime Minister; or (c) causes harm to the Sovereign, the Governor-General or the Prime Minister, or imprisons or restrains the Sovereign, the Governor-General or the Prime Minister; or (d) levies war, or does any act preparatory to levying war, against the Commonwealth; or (e) engages in conduct that assists by any means whatever, with intent to assist, an enemy: (i) at war with the Commonwealth, whether or not the existence of a state of war has been declared; and (ii) specified by Proclamation made for the purpose of this paragraph to be an enemy at war with the Commonwealth; or (f) engages in conduct that assists by any means whatever, with intent to assist: (i) another country; or (ii) an organisation; that is engaged in armed hostilities against the Australian Defence Force; or (g) instigates a person who is not an Australian citizen to make an armed invasion of the Commonwealth or a Territory of the Commonwealth; or (h) forms an intention to do any act referred to in a preceding paragraph and manifests that intention by an overt act."

A person is not guilty of treason under paragraphs (e), (f) or (h) if their assistance or intended assistance is purely humanitarian in nature.

The maximum penalty for treason is life imprisonment.

Section 24AA of the Crimes Act 1914 creates the related offence of treachery.

New South Wales

The Treason Act 1351, the Treason Act 1795 and the Treason Act 1817 form part of the law of New South Wales. The Treason Act 1795 and the Treason Act 1817 have been repealed by section 11 of the Crimes Act 1900, except in so far as they relate to the compassing, imagining, inventing, devising, or intending death or destruction, or any bodily harm tending to death or destruction, maim, or wounding, imprisonment, or restraint of the person of the heirs and successors of King George III of the United Kingdom, and the expressing, uttering, or declaring of such compassings, imaginations, inventions, devices, or intentions, or any of them.

Section 12 of the Crimes Act 1900 (NSW) creates an offence which is derived from section 3 of the Treason Felony Act 1848:

“ 12 Compassing etc deposition of the Sovereign--overawing Parliament etc

Whosoever, within New South Wales or without, compasses, imagines, invents, devises, or intends to deprive or depose Our Most Gracious Lady the Queen, her heirs or successors, from the style, honour, or Royal name of the Imperial Crown of the United Kingdom, or of any other of Her Majesty's dominions and countries, or to levy war against Her Majesty, her heirs or successors, within any part of the United Kingdom, or any other of Her Majesty's dominions, in order, by force or constraint, to compel her or them to change her or their measures or counsels, or in order to put any force or constraint upon, or in order to intimidate or overawe, both Houses or either House of the Parliament of the United Kingdom, or the Parliament of New South Wales, or to move or stir any foreigner or stranger with force to invade the United Kingdom, or any other of Her Majesty's dominions, or countries under the obeisance of Her Majesty, her heirs or successors, and expresses, utters, or declares such compassings, imaginations, inventions, devices, or intentions, or any of them, by publishing any printing or writing, or by open and advised speaking, or by any overt act or deed, shall be liable to imprisonment for 25 years.

”

Section 16 provides that nothing in Part 2 repeals or affects anything enacted by the Treason Act 1351 (25 Edw.3 c.2). This section reproduces section 6 of the Treason Felony Act 1848.

Victoria

The offence of treason was created by section 9A(1) of the Crimes Act 1958.

Brazil

According to Brazilian law, treason is the crime of disloyalty by a citizen to the Federal Republic of Brazil, applying to combatants of the Brazilian military forces. Treason during warfare is the only crime for which a person can be sentenced to death (see capital punishment in Brazil).

The only military person in the history of Brazil to be convicted of treason was Carlos Lamarca, an army captain who deserted to become the leader of a left-wing guerrilla against the military dictatorship.

Canada

Section 46 of the Criminal Code of Canada has two degrees of treason, called "high treason" and "treason." However, both of these belong to the historical category of high treason, as opposed to petty treason which does not exist in Canadian law. Section 46 reads as follows:

"High treason (1) Every one commits high treason who, in Canada, (a) kills or attempts to kill Her Majesty, or does her any bodily harm tending to death or destruction, maims or wounds her, or imprisons or restrains her; (b) levies war against Canada or does any act preparatory thereto; or (c) assists an enemy at war with Canada, or any armed forces against whom Canadian Forces are engaged in hostilities, whether or not a state of war exists between Canada and the country whose forces they are. Treason (2) Every one commits treason who, in Canada, (a) uses force or violence for the purpose of overthrowing the government of Canada or a province; (b) without lawful authority, communicates or makes available to an agent of a state other than Canada, military or scientific information or any sketch, plan, model, article, note or document of a military or scientific character that he knows or ought to know may be used by that state for a purpose prejudicial to the safety or defence of Canada; (c) conspires with any person to commit high treason or to do anything mentioned in paragraph (a); (d) forms an intention to do anything that is high treason or that is mentioned in paragraph (a) and manifests that intention by an overt act; or (e) conspires with any person to do anything mentioned in paragraph (b) or forms an intention to do anything mentioned in paragraph (b) and manifests that intention by an overt act."

It is also illegal for a Canadian citizen to do any of the above outside Canada.

The penalty for high treason is life imprisonment. The penalty for treason is imprisonment up to a maximum of life, or up to 14 years for conduct under subsection (2)(b) or (e) in peacetime.

France

Article 411-1 of the French Penal Code defines treason as follows:

"The acts defined by articles 411-2 to 411-11 constitute treason where they are committed by a French national or a soldier in the service of France, and constitute espionage where they are committed by any other person."

Article 411-2 prohibits "handing over troops belonging to the French armed forces, or all or part of the national territory, to a foreign power, to a foreign organisation or to an organisation under foreign control, or to their agents". It is punishable by life imprisonment and a fine of 750,000 euros. Generally parole is not available until 18 years of a life sentence have elapsed.[2] Articles 411-3 to 411-10 define various other crimes of collaboration with the enemy, sabotage, and the like. These are punishable with imprisonment for between thirty and seven years. Article 411-11 make it a crime to incite any of the above crimes.

Besides treason and espionage, there are many other crimes dealing with national security, insurrection, terrorism and so on. These are all to be found in Book IV of the Code.

Germany

The German law differentiates between two types of treason: "High treason" (Hochverrat) and "treason" (Landesverrat). The high treason, defined in the Section 81[3] of the German criminal code is defined as a violent attempt against the existence or the constitutional order of the Federal Republic of Germany, carrying a penalty of life imprisonment or a fixed term of at least ten years. In less serious cases, the penalty is 1-10 years in prison. The German crimal law also criminalizes the high treason against a German state. Preparation of both types of the crime is criminal and carries a penalty of up to five years.

The other type of treason, Landesverrat is defined in Section 94[1]. This is basically the crime of espionage. The crime carries a penalty of one to five years in prison. However, in especially severe cases, life imprisonment or any term of at least of five years may be sentenced.

Ireland

Article 39 of the Constitution of Ireland (adopted in 1937) states that "treason shall consist only in levying war against the State, or 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." [2]

The Treason Act 1939 gave legislative effect to Article 39, and provided for the imposition of the death penalty on persons convicted of committing treason within the state and on citizens convicted of committing treason against Ireland outside of the state. The Act also created the ancillary offences of encouraging, harbouring and comforting persons guilty of treason, and the offence of misprision of treason. No person has been charged under this Act. The Criminal Justice Act 1990 removed the death penalty for treason, setting the punishment at life imprisonment, with parole in not less than forty years. [3] For other offences against national security, see the Offences against the State Acts 1939-1998.