NCJ Number
188248
Journal
UNAFEI Newsletter Issue: 101 Dated: February 2000 Pages: 1-40
Date Published
February 2000
Length
41 pages
Annotation
This report is a summary of the 114th International Seminar on “International Cooperation to Combat Transnational Organized Crime, with Special Emphasis on Mutual Legal Assistance and Extradition”. The seminar explored the ways and means of strengthening and improving international cooperation in the fight against transnational organized crime, through effective implementation of the mechanisms of mutual legal assistance and extradition.
Abstract
Transnational organized crime, including drug trafficking, money laundering, trafficking in women and children, illicit manufacturing of and trafficking in firearms, and the illegal trafficking and transportation of migrants, is a constant threat to the security of the international society. It has been generally understood that mutual legal assistance and extradition are two major weapons for effectively combating transnational organized crime. Both mutual legal assistance and extradition are a process of intergovernmental legal cooperation for investigation, prosecution, and punishment of criminal offenders. The primary difference between mutual legal assistance and extradition is that extradition involves the “body”. Due to the gravity of transnational organized crime, the United Nations gave special attention to the issue through the 114th International Seminar, held in 2000. The seminar focused on the following elements: (1) specific problems and solutions that arise and have arisen from cases involving international mutual legal assistance or extradition with respect to assurance of reciprocity, dual criminality, the scope of offenses that can be the basis for mutual legal assistance or extraditable offenses, and refusal of rendering mutual legal assistance or extradition based on specified grounds; (2) the scope of assistance to be rendered to the requesting State in the framework of mutual legal assistance; (3) the feasibility of and modality for sharing the asset confiscated by the State upon request from another State; (4) the advantages or disadvantages in concluding mutual legal assistance treaties; and (5) the structure and function of a central authority for the purpose of mutual legal assistance or extradition.