Transnational Organized Crime

The International Centre for Criminal Law Reform and Criminal Justice Policy has begun a project to develop a Guide to the Legislative Reforms Required to Effectively Combat Transnational Organized Crime. The objective of the project is to develop a Guide for some of the legislative reforms that are required in order to bring national legislation into compliance with the requirements of the United Nations Convention Against Transnational Organized Crime and thus facilitate its ratification and implementation by signatory states. The Centre, with the funding from the Department of Justice Canada, and in collaboration with the United Nations Centre for International Crime Prevention, has successfully completed the first phase of the project which consisted of convening a first international meeting of experts to elaborate a methodology and a work plan for the project and to define the guide’s scope, contents and format. The guide’s main purpose is to assist states in the ratification of the Convention process. The International Centre is currently seeking funding for second and final phase of this project.

The guide, which is expected to be finalized by the March 2003, will present member states with various legislative options with respect to the implementation of the main dispositions of the Convention. It will include legislative options and selected examples concerning:

  • the criminalization of various conducts, as called for by the Convention, including the criminalization of participation in an organized criminal group, of the laundering of the proceeds of crime, of corruption, and various conduct in relation to obstruction of justice;
  • Procedural and other legislative amendments possibly required to ensure the effective criminalization of transnational organized crime (including issues such as the liability of legal persons, reviewing existing statutes of limitation for selected offenses, establishing jurisdiction over certain offenses, and the protection of victims and witnesses against intimidation).
  • Various legislative and administrative measures required to enhance legal assistance and law enforcement and other forms of international cooperation (including extradition).

The guide will not only identify some legislative options, but it will also provide examples whenever they are available of legislation already adopted by member States. The examples selected will attempt to reflect different legal traditions as well as varying levels of institutional development. The guide, thus created, should facilitate the consideration of various legislative options by member States preparing to ratify the Convention or planning its implementation. It should also greatly facilitate the provision of technical assistance to requesting states by Canada, the CICP and others.

Legislative Guide for the Implementation of the United Nations Convention against Transnational Organized Crime March 2003
Guide législatif pour appuyer
la mise en oeuvre de la
Convention des Nation Unies
contre la criminalité
transnationale organisée
Mars 2003

 

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