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 guides scope, contents and format. The guides
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.
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:
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
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
legislative and administrative measures required to enhance legal
assistance and law enforcement and other forms of international
cooperation (including extradition).
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.