NCJ Number
195937
Date Published
September 2001
Length
6 pages
Annotation
This article discusses the elements of the Convention Against Transnational Crime (TOC Convention).
Abstract
A complete system of international cooperation in criminal matters consists of extradition, mutual legal assistance, transfer of criminal proceedings, recognition of foreign criminal judgments, enforcement of foreign criminal sentences, and search, seizure, and confiscation of proceeds of crime. The enforcement of foreign criminal sentences includes the transfer of prisoners, the transfer of supervision of persons conditionally sentenced or conditionally released, and the enforcement of other sanctions. The draft TOC Convention will contain and regulate all of these, except for the transfer of supervision. It provides that state parties may consider entering into agreements on the transfer to their territory of persons sentenced to imprisonment in order that they may complete their sentences there. The offenses established under the Convention include: (1) participation in an organized criminal group as well as organizing, directing, aiding, abetting, facilitating, or counseling the commission of serious crime involving an organized criminal group; (2) laundering offenses; (3) corruption in the context of organized crime; and (4) obstruction of justice. The Convention is not limited to the traditional forms of cooperation. It will include the methods, forms, and measurements in judicial cooperation, law enforcement cooperation, technical cooperation, and assistance. The TOC Convention will also address the problem of prevention and the cooperation of its signatories in this area. Some of the forms of law enforcement cooperation are joint investigations, electronic, or other forms of surveillance or undercover operations. The state parties shall adopt effective measures of communication, assist in research and development, promote training and technical assistance, and provide technical assistance to developing countries. Some shortcomings are that there are no provisions on concurrent requests and sentencing in absentia regarding extradition; and there are controversies over the functions of central authority and repetition of clauses referring to domestic legal system regarding mutual legal assistance. Pertinent resolutions that were adopted for the United Nations Ad Hoc Committee for elaboration of the TOC Convention for its consideration were concurrent jurisdiction, judicial cooperation, and police cooperation. 3 footnotes