NCJ Number
181476
Date Published
1999
Length
54 pages
Annotation
This revised draft of the United Nations Convention Against Transnational Organized Crime is designed to promote cooperation to prevent and combat transnational organized crime more effectively.
Abstract
After defining various terms used in the Convention, it specifies those actions that each State Party shall establish as criminal offenses that constitute participation in an organized criminal group. Another Convention article defines laundering offenses and measures for combating money laundering by organized crime groups. Public corruption is then defined, followed by descriptions of measures for countering it. A separate article addresses the liability of legal persons, as it mandates that each State Party shall take such measures as may be necessary, consistent with its legal principles, to establish the liability of legal persons for participation in serious crimes that involve an organized criminal group. An article specifies standards for the prosecution, adjudication, and sanctions for an offense covered by the Convention. An article specifies confiscation of the proceeds and assets derived from crime and provides guidelines for international cooperation for the purposes of confiscation, as well as the disposal of confiscated assets. Other topics of articles in the Convention are jurisdiction, extradition, transfer of sentenced persons, mutual legal assistance, joint investigations, special investigative techniques, transfer of proceedings, establishment of a criminal record, bribery of witnesses and intimidation of witnesses and officials, protection of witnesses and victims, and measures to enhance cooperation with law enforcement authorities. Other topics covered are the collection and exchange of information on organized crime, training and technical assistance, prevention at the national level, role of the United Nations and other relevant organizations, and the monitoring of implementation.