Edited by Stephen Tully
Chapter 108: UN: Convention against Transnational Organized Crime, 2000
Commentary: The Convention (40 ILM 335 (2001), entry into force 2003) facilitates the investigation, prosecution and punishment of crimes committed by organised criminal groups where either the crime or the group has a transnational element. Article 12 allows the confiscation and seizure of criminal proceeds or property and Article 14 for its subsequent disposal. See further, Ad Hoc Committee on the Elaboration of a Convention against Transnational Organized Crime (2000), ‘Report on the work of its first to eleventh sessions and the interpretative notes for the official records (travaux préparatoires) of the negotiation of the Convention against Transnational Organized Crime and the Protocols’, UN Doc A/55/383/Add.1. Related supplementary instruments concluded under Article 37 include the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children (extracted above), the Protocol against the Smuggling of Migrants by Land, Air and Sea (UN Doc A/55/383 (2000), entry into force 2004) and the Protocol against the Illicit Manufacturing of and Trafficking in Firearms, Their Parts and Components and Ammunition (extracted above). See also, www.unodc.org. Article 1: Statement of purpose The purpose of this Convention is to promote cooperation to prevent and combat transnational organized crime more effectively. Article 2: Use of terms For the purposes of this Convention: (a) ‘Organized criminal group’ shall mean a structured group of three or more persons, existing for a period of time and acting in concert with the aim of committing one or more serious crimes or offences established in accordance with this Convention,...
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