Advanced Search

Through Which The "united Nations Convention Against Corruption", Adopted By The United Nations General Assembly In New York On October 31, 2003 Approved

Original Language Title: Por medio de la cual se aprueba la "ConvenciĆ³n de las Naciones Unidas contra la CorrupciĆ³n", adoptada por la Asamblea General de las Naciones Unidas, en Nueva York, el 31 de octubre de 2003

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.

970 OF 2005

(July 13)

Official Journal No. 45.970 of 15 July 2005

By means of which the "United Nations Convention against Corruption", adopted by the General Assembly of the United Nations, in New York, is approved on October 31, 2003.

Vigency Notes Summary

THE CONGRESS OF THE REPUBLIC

Having regard to the text of the "United Nations Convention against Corruption" adopted by the United Nations General Assembly in New York on 31 October 2003, which reads:

(To be transcribed: photocopy of the full text of the International Instrument mentioned).

BILL NUMBER 235 OF 2004 SENATE

by means of which the "United Nations Convention against Corruption" adopted by the United Nations General Assembly is approved,

in New York, October 31, 2003.

The Congress of the Republic

Having regard to the text of the "United Nations Convention against Corruption" adopted by the United Nations General Assembly in New York on 31 October 2003, which reads:

(To be transcribed: photocopy of the full text of the International Instrument mentioned).

UNITED NATIONS CONVENTION AGAINST CORRUPTION

PREAMBLE

States Parties to this Convention,

Concerned about the seriousness of the problems and threats posed by corruption for the stability and security of societies by undermining the institutions and values of democracy, ethics and justice and by compromising development sustainable and the rule of law,

Also concerned about the links between corruption and other forms of crime, in particular organised crime and economic crime, including money laundering,

Concerned also about corruption cases involving vast amounts of assets, which may constitute a significant proportion of the resources of the States, and which threaten political stability and sustainable development of those States,

Convinced that corruption has ceased to be a local problem in order to become a transnational phenomenon affecting all societies and economies, which makes international cooperation essential to prevent and fight against it,

Convinced also that a broad, multi-disciplinary approach is required to effectively prevent and combat corruption,

Convinced that the availability of technical assistance can play an important role in enabling states to be better able to prevent and effectively combat corruption, among other things by strengthening their capabilities and creating institutions,

Convinced that illicit personal enrichment can be particularly harmful to democratic institutions, national economies and the rule of law,

Determined to effectively prevent, detect and deter international transfers of illicitly acquired assets and to strengthen international cooperation for asset recovery,

Recognizing the fundamental principles of due process in criminal proceedings and in civil or administrative procedures on property rights,

Having present that the prevention and eradication of corruption are the responsibility of all states and that they must cooperate with each other, with the support and participation of people and groups that do not belong to the public sector, such as the civil society, non-governmental organisations and community-based organisations, so that their efforts in this field are effective,

Having also present the principles of proper management of public affairs and goods, equity, responsibility and equality before the law, as well as the need to safeguard integrity and foster a culture of rejection of the law. corruption,

Entrusting the work of the Crime Prevention and Justice Commission and the United Nations Office on Drugs and Crime in the prevention and fight against corruption,

Remembering the work done by other international and regional organizations in this field, including the activities of the Customs Cooperation Council (also called the World Customs Organization), the Council of Europe, the League of the Arab States, the Organisation for Economic Cooperation and Development, the Organization of American States, the African Union and the European Union,

Taking note with recognition of multilateral instruments aimed at preventing and combating corruption, including, among others, the Inter-American Convention against Corruption, approved by the Organization of American States on 29 March. March 1996, the Convention on the fight against acts of corruption involving officials of the European Communities or of the Member States of the European Union, approved by the Council of the European Union on 26 May 1996 1997, the Convention on the fight against bribery of foreign civil servants in the international trade transactions, approved by the Organisation for Economic Cooperation and Development on 21 November 1997, the Convention on Criminal Law on Corruption, adopted by the Committee of Ministers of the Council of Europe on 27 January 1999, the Convention on Civil Law on Corruption, adopted by the Committee of Ministers of the Council of Europe on 4 November 1999 and the Convention of the African Union to prevent and combat corruption, adopted by the Heads of State or Government. of the State and the Government of the African Union on 12 July 2003,

Welcoming the entry into force of the United Nations Convention against Transnational Organized Crime on 29 September 2003,

Have agreed to the following:

CHAPTER I.

GENERAL PROVISIONS

ARTICLE 1o. Purpose.

The purpose of this Convention is to:

a) Promote and strengthen measures to prevent and combat corruption more effectively and efficiently;

b) Promote, facilitate and support international cooperation and technical assistance in the prevention and fight against corruption, including asset recovery;

c) Promote integrity, accountability and the proper management of public affairs and assets.

Ir al inicio

ARTICLE 2o. DEFINITIONS.

For the purposes of this Convention:

(a) By "public official" shall mean: (i) any person holding a legislative, executive, administrative or judicial position of a State Party, whether designated or elected, permanent or temporary, paid or honorary, whatever the age of that person in office; (ii) any other a person who performs a public function, including for a public body or a public undertaking, or who provides a public service, as defined in the domestic law of the State Party, and applies in the relevant sphere of the legal order of that State Party; (iii) any other person defined as a 'public official' in the domestic law of a State Party. However, for the purposes of certain specific measures included in Chapter II of this Convention, a 'public official' may be understood to be any person who carries out a public service or provides a public service as defined in the domestic law of the State Party and applies in the relevant sphere of the legal order of that State Party;

(b) "foreign public official" means any person holding a legislative, executive, administrative or judicial post in a foreign country, whether designated or elected; and any person who exercises a public function for a country abroad, including for a public body or a public undertaking;

(c) An "official of a public international organisation" means an international public employee or any person who has been authorised to act on his behalf by such an organisation;

(d) "goods" shall mean assets of any kind, body or incorporated, movable or immovable, tangible or intangible, and any legal instruments or instruments that credit the property or other rights to such assets;

(e) "proceeds of crime" shall mean property of any kind derived or obtained directly or indirectly from the commission of a crime;

(f) "preventive seizure" or "seizure" shall mean a temporary prohibition on the transfer, conversion, disposal or transfer of goods, or temporary custody or control of goods on the basis of an order of a court or other competent authority;

(g) "forfeiture" shall mean the definitive deprivation of property in the order of a court or other competent authority;

(h) "Determining offence" means any offence arising from a product which may become a matter of a crime as defined in Article 23 of this Convention;

(i) "supervised delivery" means the technique of allowing illicit or suspicious remittances to leave the territory of one or more States, pass through or enter it, with knowledge and under the supervision of its authorities; competent, in order to investigate a crime and identify the persons involved in their commission.

Ir al inicio

ARTICLE 3o. APPLICATION BOTH.

1. This Convention shall apply, in accordance with its provisions, to the prevention, investigation and prosecution of corruption and to the preventive seizure, seizure, confiscation and restitution of the proceeds of offences pursuant to this Convention.

2. For the purposes of applying this Convention, unless it contains a provision to the contrary, it shall not be necessary for the offences set out therein to cause damage or property damage to the State.

Ir al inicio

ARTICLE 4. PROTECTION OF SOVEREIGNTY.

1. States Parties shall fulfil their obligations under this Convention in line with the principles of sovereign equality and territorial integrity of States, as well as non-interference in the internal affairs of other States.

2. Nothing in this Convention shall entitle a State Party to exercise, in the territory of another State, jurisdiction or functions which the domestic law of that State exclusively reserves to its authorities.

CHAPTER II.

PREVENTIVE MEASURES

Ir al inicio

ARTICLE 5o. CORRUPTION PREVENTION POLICIES AND PRACTICES.

1. Each State Party shall, in accordance with the fundamental principles of its legal system, formulate and implement or maintain in force coordinated and effective anti-corruption policies that promote the participation of society and reflect the principles of the rule of law, proper management of public affairs and public goods, integrity, transparency and accountability.

2. Each State Party shall endeavour to establish and promote effective practices aimed at preventing corruption.

3. Each State Party shall endeavour to regularly assess the relevant legal instruments and administrative measures in order to determine whether they are adequate to combat corruption.

4. States Parties, as appropriate and in accordance with the fundamental principles of their legal system, shall cooperate with each other and with relevant international and regional organisations in the promotion and formulation of measures. referred to in this Article. Such collaboration may include participation in international programmes and projects aimed at preventing corruption.

Ir al inicio

ARTICLE 6o. CORRUPTION PREVENTION ORGAN OR ORGANS.

1. Each State Party shall, in accordance with the fundamental principles of its legal system, ensure the existence of an organ or bodies, as appropriate, in charge of preventing corruption with such measures as:

(a) The implementation of the policies referred to in Article 5 of this Convention and, where appropriate, the monitoring and coordination of the implementation of these policies;

b) The increase and dissemination of knowledge in the field of corruption prevention.

2. Each State Party shall grant to the body or bodies referred to in paragraph 1 of this Article the necessary independence, in accordance with the fundamental principles of its legal system, to enable it to fulfil its functions as a effective and without undue influence. The necessary material resources and specialized personnel should be provided to them, as well as the training that such personnel may require for the performance of their duties.

3. Each State Party shall communicate to the Secretary-General of the United Nations the name and address of the authority or authorities which may assist other States Parties in formulating and implementing specific corruption prevention measures.

Ir al inicio

ARTICLE 7o. PUBLIC SECTOR.

l. Each State Party shall, where appropriate and in accordance with the fundamental principles of its legal system, endeavour to adopt systems for the convening, hiring, retention, promotion and retirement of public employees and, where appropriate, other non-elected public officials, or maintain and strengthen such systems. These:

a) They will be based on principles of efficiency and transparency and on objective criteria such as merit, equity and aptitude;

(b) Include appropriate selection and training procedures for public office holders who are considered to be particularly vulnerable to corruption, as well as, where appropriate, the rotation of such persons to other positions;

(c) Fomentan adequate remuneration and equitable pay scales, taking into account the level of economic development of the State Party;

d) Promote training and training programs that enable them to meet the right, honorable, and due performance requirements of their roles and provide them with specialized and appropriate training to be more aware of risks of corruption inherent in the performance of their duties. Such programmes may refer to codes or standards of conduct in relevant areas.

2. Each State Party shall also consider the possibility of adopting appropriate legislative and administrative measures in line with the objectives of this Convention and in accordance with the fundamental principles of its domestic law, to establish criteria for candidacy and election to public office.

3. Each State Party shall also consider the possibility of adopting appropriate legislative and administrative measures, in line with the objectives of this Convention and in accordance with the fundamental principles of its domestic law, for increase transparency with regard to the financing of candidates for elective public office and, where appropriate, with regard to the financing of political parties.

4. Each State Party shall, in accordance with the fundamental principles of its domestic law, seek to adopt systems intended to promote transparency and to prevent conflicts of interest, or to maintain and strengthen such systems.

Ir al inicio

ARTICLE 8o. CODES OF CONDUCT FOR CIVIL SERVANTS.

1. In order to combat corruption, each State Party shall, in accordance with the fundamental principles of its legal system, promote, inter alia, integrity, honesty and responsibility among its civil servants.

2. In particular, each State Party shall endeavour to implement, in its own institutional and legal systems, codes or standards of conduct for the correct, honorable and due performance of public functions.

3. With a view to implementing the provisions of this Article, each State Party shall, where appropriate and in accordance with the fundamental principles of its legal system, take note of the relevant initiatives of the regional organisations, interregional and multilateral, such as the International Code of Conduct for public office holders, set out in the Annex to Resolution 51/59 of the General Assembly of 12 December 1996.

4. Each State Party shall also consider, in accordance with the fundamental principles of its domestic law, the possibility of establishing measures and systems to facilitate public officials to report any act of corruption to the authorities. competent when they have knowledge of them in the performance of their duties.

5. Each State Party shall endeavour, where appropriate and in accordance with the fundamental principles of its domestic law, to establish measures and systems to require public servants to make declarations to the competent authorities in relation to, among other things, with their external activities and with jobs, investments, assets and gifts or important benefits that could result in a conflict of interest with respect to their privileges as public officials.

6. Each State Party shall consider, in accordance with the fundamental principles of its domestic law, any disciplinary or other action against any public official who transgresses the established codes or standards of compliance with this Article.

Ir al inicio

ARTICLE 9o. PUBLIC PROCUREMENT AND MANAGEMENT OF PUBLIC FINANCES.

1. Each State Party shall, in accordance with the fundamental principles of its legal system, take the necessary measures to establish appropriate public procurement systems based on transparency, competition and objective criteria. decisions, which are effective, inter alia, in order to prevent corruption. Such systems, in the application of which appropriate minimum values may be taken into account, shall, inter alia:

(a) Public dissemination of information relating to procurement procedures and contracts, including information on tenders and relevant or timely information on the award of contracts, in order to ensure that tenderers potential time to prepare and submit tenders;

(b) The prior formulation of the terms of participation, including selection and award criteria and bidding rules, as well as their publication;

c) The application of objective and predetermined criteria for the adoption of decisions on public procurement in order to facilitate further verification of the correct application of the rules or procedures;

(d) An effective internal examination mechanism, including an effective system of appeal, to ensure legal remedies and remedies in the event that the rules or procedures set out in this paragraph are not respected;

(e) Where appropriate, the adoption of measures to regulate matters relating to staff in charge of public procurement, in particular declarations of interest in respect of certain public procurement procedures, preselection and training requirements.

2. Each State Party shall, in accordance with the fundamental principles of its legal system, take appropriate measures to promote transparency and accountability in the management of public finances. These measures shall cover, inter alia:

a) Procedures for National Budget Approval;

b) The timely presentation of information on expenditure and revenue;

c) A system of accounting and auditing standards, as well as corresponding monitoring;

d) Effective and efficient internal control and risk management systems, and

(e) Where applicable, the adoption of corrective measures in the event of non-compliance with the requirements set out in this paragraph.

3. Each State Party shall, in accordance with the fundamental principles of its domestic law, take the necessary measures in the civil and administrative fields to preserve the integrity of the books and accounting records, financial statements or other documents relating to public expenditure and revenue and to prevent the falsification of such documents.

Ir al inicio

ARTICLE 10. PUBLIC INFORMATION.

In view of the need to combat corruption, each State Party shall, in accordance with the fundamental principles of its domestic law, adopt measures that are necessary to increase transparency in its public administration, even as regards their organisation, operation and decision-making processes, where appropriate. Such measures may include, inter alia:

(a) The establishment of procedures or regulations that allow the general public to obtain, where appropriate, information on the organisation, operation and decision-making processes of its public administration and, with the due respect for the protection of privacy and personal data, on decisions and legal acts which are the responsibility of the public;

b) Simplification of administrative procedures, where appropriate, in order to facilitate public access to decision-making authorities, and

c) The publication of information, which may include periodic reports on the risks of corruption in your public administration.

Ir al inicio

ARTICLE 11. MEASURES RELATING TO THE JUDICIARY AND THE PUBLIC MINISTRY.

1. Taking into account the independence of the judiciary and its decisive role in the fight against corruption, each State Party, in accordance with the fundamental principles of its legal order and without prejudice to the independence of power It will take measures to strengthen integrity and prevent any opportunity for corruption among members of the judiciary. Such measures may include rules governing the conduct of members of the judiciary.

2. Measures with the same purpose as those adopted pursuant to paragraph 1 of this Article in the States Party to which that institution is not part of the judiciary but enjoy independence may be formulated and applied in the Public Ministry. analog.

Ir al inicio

ARTICLE 12. PRIVATE SECTOR.

1. Each State Party shall, in accordance with the fundamental principles of its domestic law, adopt measures to prevent corruption and improve accounting and auditing standards in the private sector, as well as, where appropriate, provide for civil penalties, effective, proportionate and dissuasive administrative or criminal penalties in case of non-compliance with those measures.

2. The measures to be taken to achieve those objectives may include, inter alia,:

a) Promote cooperation among law enforcement agencies and relevant private entities;

b) Promote the formulation of standards and procedures to safeguard the integrity of the relevant private entities, including codes of conduct for the correct, honorable and due exercise of the commercial and all relevant professions and for the prevention of conflicts of interest, as well as for the promotion of the use of good business practices between companies and in the contractual relations of companies with the State;

(c) Promote transparency between private entities, including, where appropriate, measures relating to the identity of legal and natural persons involved in the establishment and management of enterprises;

(d) Prevent the improper use of the procedures governing private entities, including procedures relating to the granting of subsidies and licenses by public authorities for commercial activities;

e) Preventing conflicts of interest by imposing appropriate restrictions, for a reasonable period, on the professional activities of former public servants or on the hiring of public servants in the private sector after their resignation or retirement where those activities or such recruitment are directly related to the functions performed or supervised by those public servants during their stay in office;

f) Ensuring that private companies, taking into account their structure and size, have sufficient internal accounting controls to help prevent and detect acts of corruption and why financial statements and statements required of these private companies are subject to appropriate audit and certification procedures.

3. In order to prevent corruption, each State Party shall take the necessary measures, in accordance with its internal laws and regulations relating to the maintenance of books and records, the disclosure of financial statements and the rules of accounting and auditing, to prohibit the following acts carried out for the purpose of committing any of the offences defined in accordance with this Convention:

a) Setting up unregistered accounts in books;

b) Performing unrecorded operations in books or misstated;

c) The non-existent expense record.

d) The expense seat in the accounting books with incorrect indication of their object;

e) Using false documents, and

f) The deliberate destruction of accounting documents before the deadline provided for in law.

4. Each State Party shall refuse the tax deduction in respect of expenditure which constitutes bribery, which is one of the constituent elements of offences established in accordance with Articles 15 and 16 of this Convention and, where applicable, of other expenses that have been intended to promote corrupt behavior.

Ir al inicio

ARTICLE 13. PARTICIPATION OF SOCIETY.

1. Each State Party shall take appropriate measures, within the means available to it and in accordance with the fundamental principles of its domestic law, to encourage the active participation of persons and groups not belonging to the public sector, as civil society, non-governmental organizations and organizations based in the community, in the prevention and fight against corruption, and to raise public awareness with respect to existence, causes and severity of corruption, as well as the threat it poses. Such participation should be strengthened by measures such as:

a) Increase transparency and promote the contribution of citizenship to decision-making processes;

b) Ensuring effective public access to information;

c) Conduct public information activities to encourage intransigence with corruption, as well as public education programs, including school and university programs;

d) Respect, promote and protect the freedom to seek, receive, publish, and disseminate information regarding corruption. Such freedom may be subject to certain restrictions, which shall be expressly laid down by law and shall be necessary for:

i) Ensuring respect for the rights or reputation of third parties;

ii) Safeguarding national security, public order, or public health or morals.

2. Each State Party shall take appropriate measures to ensure that the public is aware of the relevant anti-corruption bodies referred to in this Convention and shall facilitate access to such bodies; where appropriate, for the complaint, including anonymous reporting, of any incidents which may be considered to constitute a criminal offence under this Convention.

Ir al inicio

ARTICLE 14. MEASURES TO PREVENT MONEY LAUNDERING.

1. Each State Party:

(a) Establish a broad internal regulatory and supervisory regime for banks and non-bank financial institutions, including natural or legal persons providing official or informal money transfer services or values and, where appropriate, other bodies within their jurisdiction which are particularly susceptible to the use of money laundering in order to prevent and detect all forms of money laundering, and in that system (a) shall emphasise the requirements relating to the identification of the customer and, where appropriate, the final beneficiary, the establishment of records and the reporting of suspicious transactions;

(b) Guarantee, without prejudice to the application of Article 46 of this Convention, that the administration, regulatory and enforcement authorities and other authorities responsible for combating money laundering (including, where relevant in accordance with national law, the judicial authorities) are capable of cooperating and exchanging information at national and international level, in accordance with the conditions laid down in national law and, end, will consider establishing a financial intelligence dependency that serves as a national hub for the collection, analysis and dissemination of information on potential money laundering activities.

2. States Parties shall consider implementing viable measures to detect and monitor the cross-border movement of cash and relevant marketable securities, subject to safeguards to ensure the proper use of the euro. information and without restricting the circulation of lawful capital in any way. Such measures may include the requirement for individuals and commercial entities to report cross-border transfers of high amounts of cash and relevant marketable securities.

3. States Parties shall consider the possibility of applying appropriate and practicable measures to require financial institutions, including those to send money, to:

a) Include in the electronic transfer forms of funds and related messages accurate and valid information about the sender;

b) Keep that information throughout the payment cycle, and

c) More thoroughly examine transfers of funds that do not contain complete information about the sender.

4. When establishing an internal regulatory and supervisory regime in accordance with this Article, and without prejudice to the provisions of any other Article of this Convention, States Parties are urged to use as a guide the initiatives relevant regional, inter-regional and multilateral organisations to combat money laundering.

5. Member States shall endeavour to establish and promote cooperation at global, regional, sub-regional and bilateral level between judicial, law enforcement and financial regulatory authorities to combat money laundering. money.

CHAPTER III.

LAW ENFORCEMENT AND ENFORCEMENT

Ir al inicio

ARTICLE 15. BRIBERY OF NATIONAL CIVIL SERVANTS.

Each State Party shall take the legislative and other measures necessary to criminalize, when committed intentionally:

(a) The promise, the offer or the concession to a public official, directly or indirectly, of an undue benefit which is in its own interest or in that of another person or entity in order for the said official to act or to abstain to act in the performance of their official duties;

(b) The application or acceptance by a public official, in direct or indirect form, of an undue benefit which is in its own interest or in that of another person or entity in order for that official to act or refrain from acting in the compliance with their official duties.

Ir al inicio

ARTICLE 16. BRIBERY OF FOREIGN PUBLIC OFFICIALS AND OFFICIALS OF PUBLIC INTERNATIONAL ORGANIZATIONS.

1. Each State Party shall take the legislative and other measures necessary to criminalize, when intentionally committed, the promise, the offer or the grant, in direct or indirect form, to a public official or an official of a public international organisation, of an undue benefit which is in his or her own benefit or in that of another person or entity in order for that official to act or refrain from acting in the exercise of his or her official functions to obtain or maintain any commercial transaction or other undue benefit in relationship to the performance of international business activities.

2. Each State Party shall consider the possibility of adopting legislative and other measures that are necessary to criminalize, when intentionally committed, the application or acceptance by a foreign public official or a an official of a public international organisation, either directly or indirectly, of an undue benefit which is in his own interest or in that of another person or entity, in order for that official to act or to refrain from acting in the exercise of their official duties.

Ir al inicio

ARTICLE 17. EMBEZZLEMENT OR EMBEZZLEMENT, MISAPPROPRIATION OR OTHER FORMS OF DIVERSION OF GOODS BY A PUBLIC OFFICIAL.

Each State Party shall adopt any legislative and other measures that are necessary to criminalize, when intentionally committed, misappropriation or embezzlement, misappropriation or other forms of diversion by a State Party. public official, for the benefit of himself or of third parties or other entities, of goods, funds or public or private securities or any other thing of value that has been entrusted to the official under his office.

Ir al inicio

ARTICLE 18. INFLUENCE PEDDLING.

Each State Party shall consider adopting legislative and other measures that are necessary to criminalize, when committed intentionally:

(a) The promise, the offer or the concession to a public official or any other person, directly or indirectly, of an undue benefit in order for the public official or the person to abuse his or her actual or alleged influence obtain from an administration or authority of the State Party an undue benefit which is in the interest of the original instigator of the act or any other person;

(b) The application or acceptance by a public official or any other person, in direct or indirect form, of an undue benefit which is in his or other interest to the public official or to the person abusing his or her actual or alleged influence to obtain from an administration or authority of the State Party an undue benefit.

Ir al inicio

ARTICLE 19. ABUSE OF FUNCTIONS.

Each State Party shall consider adopting legislative and other measures that are necessary to criminalize, when intentionally committed, the abuse of office or office, that is to say, the execution or omission. an act, in violation of the law, by a public official in the exercise of his or her duties, in order to obtain an undue benefit to himself or to another person or entity.

Ir al inicio

ARTICLE 20. ILLICIT ENRICHMENT.

Subject to its constitution and the fundamental principles of its legal system, each State Party shall consider the possibility of adopting legislative and other measures that may be necessary to criminalize as a crime, when Intentionally, illicit enrichment, that is, the significant increase in the assets of a public official in respect of his or her legitimate income that cannot reasonably be justified by him.

Ir al inicio

ARTICLE 21. BRIBERY IN THE PRIVATE SECTOR.

Each State Party shall consider adopting legislative and other measures that are necessary to criminalize, when committed intentionally in the course of economic, financial or commercial activities:

(a) The promise, the offer or the grant, in direct or indirect form, to a person who directs a private sector entity or fulfils any role in it, of an undue benefit that is in his own benefit or in that of another person, in order that, in order to avoid the duty inherent in his duties, act or refrain from acting;

(b) The application or acceptance, in direct or indirect form, by a person who directs a private sector entity or fulfils any role in it, of an undue benefit that is in his or her own benefit or in that of another person, for the purpose of which, lacking the duty inherent in their duties, acts or refrains from acting.

Ir al inicio

ARTICLE 22. EMBEZZLEMENT OR EMBEZZLEMENT OF GOODS IN THE PRIVATE SECTOR.

Each State Party shall consider adopting legislative and other measures that are necessary to criminalize, when committed intentionally in the course of economic, financial or commercial activities, the misappropriation or embezzlement by a person who directs a private sector entity or fulfils any role in it, of any goods, funds or private securities or any other thing of value that has been entrusted to that person by reason of his position.

Ir al inicio

ARTICLE 23. LAUNDERING OF THE PROCEEDS OF CRIME.

1. Each State Party shall, in accordance with the fundamental principles of its domestic law, adopt legislative and other measures that are necessary to criminalize, when committed intentionally:

(a) (i) The conversion or transfer of goods, knowing that these goods are the proceeds of the crime, with the purpose of concealing or concealing the illicit origin of the goods or assisting any person involved in the commission of the crime determining to avoid the legal consequences of their actions;

(ii) the concealment or dissimulation of the true nature, origin, location, disposition, movement or property of property or legitimate right to property, knowing that such goods are the proceeds of the crime;

b) Subject to the basic concepts of your legal order:

i) The acquisition, possession or use of property, knowingly, at the time of receipt, that they are the proceeds of the crime;

ii) the participation in the commission of any of the offences established in accordance with this Article, as well as the association and conspiracy to commit them, the attempt to commit them and the aid, the incitement, the facilitation and the advice for the sake of your committee.

2. For the purposes of the application or implementation of paragraph 1 of this Article:

(a) Each State Party shall ensure that paragraph 1 of this Article applies to the widest possible range of determining offences;

(b) Each State Party shall include as a minimum determining crime a wide range of offences defined in accordance with this Convention;

(c) For the purposes of paragraph (b) above, the offences committed shall be included in the offences committed both within and outside the jurisdiction of the State Party concerned. However, offences committed outside the jurisdiction of a State Party shall constitute a determining offence as long as the relevant act is a criminal offence under the domestic law of the State in which the offence was committed and is also a criminal offence. a criminal offence under the domestic law of the State Party which applies or implements this Article if the offence has been committed there;

(d) Each State Party shall provide the Secretary-General of the United Nations with a copy of its laws intended to apply to this Article and any subsequent amendments made to such laws or a description thereof;

(e) If the fundamental principles of the domestic law of a State Party so require, it may be available that the offences set out in paragraph 1 of this Article do not apply to persons who have committed the offence.

Ir al inicio

ARTICLE 24. COVER-up.

Without prejudice to the provisions of Article 23 of this Convention, each State Party shall consider the possibility of adopting legislative and other measures necessary to criminalize, when committed intentionally after the commission of any of the offences established under this Convention but without having participated in them, the cover-up or the continuous retention of goods in the knowledge that these goods are a product of any of the offences established in accordance with this Convention.

Ir al inicio

ARTICLE 25. OBSTRUCTION OF JUSTICE.

Each State Party shall take the legislative and other measures necessary to criminalize, when committed intentionally:

(a) The use of physical force, threats or intimidation, or the promise, offering or granting of an undue benefit to induce a person to render false testimony or to hinder the provision of evidence or the provision of evidence in processes in relation to the commission of offences established in accordance with this Convention;

(b) The use of physical force, threats or intimidation to obstruct the performance of the official functions of an official of justice or of the services responsible for enforcing the law in relation to the commission of crimes established in accordance with this Convention. Nothing in this Article shall prejudice the right of States Parties to have legislation to protect other categories of civil servants.

Ir al inicio

ARTICLE 26. LIABILITY OF LEGAL PERSONS.

1. Each State Party shall take the necessary measures, in line with its legal principles, in order to establish the liability of legal persons for their participation in offences established in accordance with this Convention.

2. Subject to the legal principles of the State Party, the liability of legal persons may be of a criminal, civil or administrative nature.

3. Such liability shall be without prejudice to the criminal liability of natural persons who have committed the offences.

4. Each State Party shall ensure in particular that effective, proportionate and dissuasive criminal or non-criminal sanctions, including monetary sanctions, are imposed on legal persons held responsible under this Article.

Ir al inicio

ARTICLE 27. PARTICIPATION AND ATTEMPT.

1. Each State Party shall take the legislative and other measures necessary to criminalize, in accordance with its domestic law, any form of participation, whether as an accomplice, collaborator or instigator, in a crime. typified in accordance with this Convention.

2. Each State Party may adopt any legislative and other measures necessary to criminalize, in accordance with its domestic law, any attempt to commit a criminal offence under this Convention.

3. Each State Party may take the legislative and other measures necessary to make it a criminal offence, in accordance with its domestic law, for the preparation of a criminal offence under the present law. Convention.

Ir al inicio

ARTICLE 28. KNOWLEDGE, INTENT AND PURPOSE AS ELEMENTS OF A CRIME.

The knowledge, intent, or purpose that is required as an element of a criminal offence under this Convention may be inferred from objective factual circumstances.

Ir al inicio

ARTICLE 29. PRESCRIPTION.

Each State Party shall, where appropriate, establish, in accordance with its domestic law, a broad limitation period for initiating proceedings for any of the offences established under this Convention and shall establish a longer period or interrupt the prescription when the alleged offender has eluded the administration of justice.

Ir al inicio

ARTICLE 30. PROCESS, FAILURE, AND PENALTIES.

1. Each State Party shall penalise the commission of offences established in accordance with this Convention with sanctions that take into account the seriousness of those offences.

2. Each State Party shall take the necessary measures to establish or maintain, in accordance with its legal system and its constitutional principles, an appropriate balance between any immunities or jurisdictional prerogatives. granted to their civil servants for the performance of their duties and the possibility, if necessary, to proceed effectively with the investigation, prosecution and failure of the offences established in accordance with this Convention.

3. Each State Party shall ensure that any discretionary legal powers available to it in accordance with its domestic law in relation to the prosecution of persons for offences established under this Convention are exercised. to give maximum effectiveness to the measures taken to enforce the law in respect of such offences, taking due account of the need to prevent them.

4. In the case of offences established under this Convention, each State Party shall take appropriate measures, in accordance with its domestic law and taking due account of the rights of the defence, with a view to ensuring that, When imposing conditions in relation to the decision to grant the freedom pending trial or the appeal, the need to ensure the appearance of the defendant in any subsequent criminal proceedings is taken into account.

5. Each State Party shall take into account the seriousness of the relevant offences when considering the eventuality of granting early release or parole to persons who have been found guilty of such offences.

6. Each State Party shall consider establishing, to the extent that this is consistent with the fundamental principles of its legal system, procedures under which a public official is charged with a crime. (a) a classification under this Convention may, where appropriate, be dismissed, suspended or reassigned by the relevant authority, bearing in mind the principle of presumption of incoence.

7. Where the seriousness of the fault justifies it and to the extent that it is consistent with the fundamental principles of its legal system, each State Party shall consider establishing procedures to disable, by a court order or other appropriate means and for a period determined by its domestic law, persons convicted of offences established in accordance with this Convention to:

a) Exercise public charges, and

b) Pursue charges in a wholly or partially owned company in the State.

8. Paragraph 1 of this Article shall not prejudice the exercise of disciplinary powers by competent bodies against public employees.

9. Nothing in this Convention shall affect the principle that the description of offences established under this Convention and the applicable legal means of defence or other legal principles governing the lawfulness of conduct is reserved for the domestic law of the States Parties and that such offences shall be pursued and sanctioned in accordance with that right.

10. States Parties shall endeavour to promote the social reintegration of persons convicted of offences established in accordance with this Convention.

Ir al inicio

ARTICLE 31. SEIZURE, SEIZURE AND SEIZURE.

1. Each State Party shall, to the greatest extent permitted by its internal legal order, adopt any measures necessary to authorize the confiscation:

(a) The product of offences established in accordance with this Convention or goods whose value corresponds to that of the said product;

(b) The goods, equipment or other instruments used or intended for use in the commission of offences established under this Convention.

2. Each State Party shall take the necessary measures to enable the identification, location, freezing or seizure of any property referred to in paragraph 1 of this Article with a view to its eventual identification. seizure.

3. Each State Party shall, in accordance with its domestic law, adopt any legislative and other measures necessary to regulate the administration by the competent authorities of the goods seized, seized or seized. referred to in paragraphs 1 and 2 of this Article.

4. Where that product of the offence has been transformed or partially or wholly converted into other goods, the proceeds shall be the subject of the measures applicable to that product within the meaning of this Article.

5. Where the proceeds of the crime have been mixed with goods acquired from lawful sources, such goods shall be seized up to the estimated value of the product intermingled, without prejudice to any other powers of freezing or seizure.

6. Revenue or other profits derived from that proceeds of crime, of goods in which such a product has been processed or converted or of goods with which that proceeds of the crime has been mixed shall also be the subject of the measures provided for in this Article, in the same manner and to the same extent as the proceeds of the crime.

7. For the purposes of this Article and Article 55 of this Convention, each State Party shall empower its courts or other competent authorities to order the filing or seizure of banking, financial or commercial documents. States Parties shall not refuse to apply the provisions of this paragraph by standing in the way of banking secrecy.

8. States Parties may consider requiring an offender to prove the lawful origin of the alleged proceeds of the crime or other assets exposed to forfeiture, in so far as this is in accordance with the fundamental principles of their domestic law and the nature of the judicial process or other processes.

9. The provisions of this Article shall not be construed as prejudice to the rights of third parties in good faith.

10. Nothing in this Article shall affect the principle that the measures provided for in this Article shall be defined and implemented in accordance with the domestic law of the States Parties and subject to this.

Ir al inicio

ARTICLE 32. PROTECTION OF WITNESSES, EXPERTS AND VICTIMS.

1. Each State Party shall take appropriate measures, in accordance with its internal legal order and within its scope, to protect effectively against any acts of retaliation or intimidation of witnesses and experts who provide evidence of offences established under this Convention, as well as, where appropriate, their family members and other persons close to them.

2. The measures provided for in paragraph 1 of this Article may consist, inter alia, of the rights of the accused and including the right to procedural guarantees, in:

(a) Establish procedures for the physical protection of such persons, including, as far as is necessary and possible, their relocation, and allow, where appropriate, the total or partial prohibition of disclosing information on their identity and whereabouts;

b) Establish probative rules that allow witnesses and experts to testify without endangering the security of these persons, for example by accepting testimony through communication technologies such as videoconferencing or other appropriate means.

3. States Parties shall consider the possibility of concluding agreements or arrangements with other States for the relocation of persons referred to in paragraph 1 of this Article.

4. The provisions of this Article shall also apply to victims as far as they are witnesses.

5. Each State Party shall permit, subject to its domestic law, the submission and consideration of the views and concerns of victims at appropriate stages of criminal proceedings against offenders without prejudice to the rights of the defense.

Ir al inicio

ARTICLE 33. PROTECTION OF COMPLAINANTS.

Each State Party shall consider incorporating appropriate measures in its domestic legal order to provide protection against any unjustified treatment of persons who report to the competent authorities, in good faith and on reasonable grounds, any facts relating to offences established in accordance with this Convention.

Ir al inicio

ARTICLE 34. CONSEQUENCES OF ACTS OF CORRUPTION.

With due regard to the rights acquired in good faith by third parties, each State Party shall, in accordance with the fundamental principles of its domestic law, adopt measures to eliminate the consequences of acts of corruption. In this context, States Parties may consider corruption as a relevant factor in legal proceedings to annul or terminate a contract or to revoke a concession or other such instrument, or to take any other corrective measure.

Ir al inicio

ARTICLE 35. DAMAGES FOR DAMAGES.

Each State Party shall take the necessary measures, in accordance with the principles of its domestic law, to ensure that entities or persons harmed as a result of an act of corruption have the right to initiate a legal action against those responsible for such damages in order to obtain compensation.

Ir al inicio

ARTICLE 36. SPECIALISED AUTHORITIES.

Each State Party, in accordance with the fundamental principles of its legal system, shall ensure that it has one or more organs or persons specialized in the fight against corruption through the use of the law. That body or bodies or persons shall enjoy the necessary independence, in accordance with the fundamental principles of the legal system of the State Party, so that they can perform their functions effectively and without undue pressure. Such persons or staff of that body or bodies shall be provided with adequate training and adequate resources for the performance of their duties.

Ir al inicio

ARTICLE 37. COOPERATION WITH LAW ENFORCEMENT AUTHORITIES.

1. Each State Party shall take appropriate measures to encourage persons who participate or have participated in the commission of offences established in accordance with this Convention to provide the competent authorities with useful information with investigative and probative purposes and to provide them with effective and concrete assistance that can help to deprive offenders of the proceeds of crime, as well as to recover that product.

2. Each State Party shall consider providing, in appropriate cases, for the mitigation of the penalty of any accused person who provides substantial cooperation in the investigation or prosecution of the offences established under this Regulation. Convention.

3. Each State Party shall consider, in accordance with the fundamental principles of its domestic law, the possibility of granting judicial immunity to any person providing substantial cooperation in the investigation or prosecution of offences established in accordance with this Convention.

4. The protection of such persons shall be, mutatis mutandis, the protection provided for in Article 32 of this Convention.

5. Where the persons referred to in paragraph 1 of this Article are in a State Party and are able to provide substantial cooperation to the competent authorities of another State Party, the States Parties concerned may consider the the possibility of concluding agreements or arrangements, in accordance with their domestic law, with regard to the possible granting by the other State Party of the treatment provided for in paragraphs 2 or 3 of this Article.

Ir al inicio

ARTICLE 38. COOPERATION BETWEEN NATIONAL BODIES.

Each State Party shall take the necessary measures, in accordance with its domestic law, to encourage cooperation between, on the one hand, its public bodies, as well as its public officials, and, on the other, its bodies responsible for investigate and prosecute crimes. Such cooperation may include:

(a) Inform those last bodies, on the initiative of the State Party, where there are reasonable grounds to suspect that any of the offences established under Articles 15, 21 and 23 of this Convention have been committed; or

b) Provide all necessary information to these agencies upon request.

Ir al inicio

ARTICLE 39. COOPERATION BETWEEN NATIONAL BODIES AND THE PRIVATE SECTOR.

1. Each State Party shall take the necessary measures, in accordance with its domestic law, to encourage cooperation between national research bodies and the Public Ministry, on the one hand, and private sector entities, in the financial institutions, on the other hand, in matters relating to the commission of offences established in accordance with this Convention.

2. Each State Party shall consider encouraging its nationals and other persons who have habitual residence in its territory to report to the national investigation bodies and the Public Ministry for the commission of any crime. typified in accordance with this Convention.

Ir al inicio

ARTICLE 40. BANKING SECRECY.

Each State Party shall ensure that, in the case of national criminal investigations of offences established under this Convention, appropriate mechanisms exist in its internal legal order to save any obstacle that may arise. arise as a result of the application of the law on banking secrecy.

Ir al inicio

ARTICLE 41. CRIMINAL HISTORY.

Each State Party may adopt any legislative or other measures necessary to take into account, under the conditions and for the purposes it deems appropriate, any prior declaration of guilt of an alleged offender in another State in order to use this information in criminal proceedings relating to offences established under this Convention.

Ir al inicio

ARTICLE 42. JURISDICTION.

1. Each State Party shall take the necessary measures to establish

their jurisdiction with respect to offences established under this Convention when:

a) The crime is committed on its territory, or

(b) The offence is committed on board a vessel flying its flag or an aircraft registered in accordance with its laws at the time of the commission.

2. Subject to the provisions of Article 4 of this Convention, a State Party may also establish its jurisdiction to hear such crimes when:

a) The offence is committed against one of its nationals;

(b) The offence is committed by one of its nationals or by a stateless person who has habitual residence on its territory, or

(c) The offence is one of the offences defined in accordance with paragraph 1 (b) (ii) or Article 23 (b) of this Convention and is committed outside its territory with a view to the commission, within its territory, of a crime. typified in accordance with points (i) or (ii) of paragraph (a) or (b) of paragraph 1 (b) of Article 23 of this Convention

or

d) The offence is committed against the State Party.

3. For the purposes of Article 44 of this Convention, each State Party shall take the necessary measures to establish its jurisdiction in respect of offences established under this Convention when the alleged offender is find in their territory and the State Party does not extradite him for the sole fact of being one of its nationals.

4. Each State Party may also take the necessary measures to establish its jurisdiction in respect of offences established under this Convention when the alleged offender is on its territory and the State Part don't extradite it.

5. If a State Party exercising its jurisdiction pursuant to paragraphs 1 or 2 of this Article has received notification, or has been made aware of by another conduit, that other States Parties are conducting an investigation, a process or a judicial action in respect of the same facts, the competent authorities of those States Parties shall consult, as appropriate, in order to coordinate their measures.

6. Without prejudice to the rules of general international law, this Convention shall not preclude the exercise of criminal powers established by the States Parties in accordance with their domestic law.

CHAPTER IV.

INTERNATIONAL COOPERATION

Ir al inicio

ARTICLE 43. INTERNATIONAL COOPERATION.

1. States Parties shall cooperate in criminal matters in accordance with Articles 44 to 50 of this Convention. Where appropriate and consistent with their internal legal or legal status, the States Parties shall consider the possibility of assisting in investigations and procedures relating to related civil and administrative matters. with corruption.

2. In matters of international cooperation, where double criminality is a requirement, it shall be deemed to be fulfilled if the conduct of the offence in respect of which assistance is sought is a criminal offence under the law of both States Party, regardless of whether the laws of the requested State Party include crime in the same category or call it with the same terminology as the Requesting State Party.

Ir al inicio

ARTICLE 44. EXTRADITION.

1. This Article shall apply to offences established under this Convention in the event that the person who is the subject of the extradition request is in the territory of the requested State Party, provided that the offence for which the extradition is sought is punishable under the domestic law of the requesting State Party and the requested State Party.

2. Without prejudice to the provisions of paragraph 1 of this Article, States Parties whose legislation permits may grant the extradition of a person for any of the offences covered by this Convention which are not punishable. according to its own internal law.

3. Where the extradition request includes a number of offences, of which at least one of the offences is subject to extradition in accordance with the provisions of this Article and some do not result in extradition due to the period of deprivation of liberty that they entail. but in relation to the offences established in accordance with this Convention, the requested State may also apply this Article in respect of such offences.

4. Each of the offences to which this article applies shall be deemed to be included among the offences that result in extradition in any extradition treaty in force between the States Parties. They undertake to include such crimes as a cause of extradition in any extradition treaty that they celebrate with each other.

States Parties whose legislation permits so, in the event that this Convention serves as a basis for extradition, shall not consider as a political character any of the offences established in accordance with this Convention.

5. If a State Party that makes extradition conditional upon the existence of a treaty receives an extradition request from another State Party with which it is not bound by any extradition treaty, it may consider this Convention as the legal basis of extradition with respect to the offences to which this Article applies.

6. Any State Party which makes extradition conditional upon the existence of a treaty shall:

(a) At the time of depositing its instrument of ratification, acceptance or approval of this Convention or of accession to it, inform the Secretary-General of the United Nations of whether or not this Convention shall be deemed to be the basis of this Convention. legal cooperation in the field of extradition in its relations with other States Parties to this Convention; and

(b) If it does not consider this Convention as the legal basis for cooperation on extradition, seek, where appropriate, to conclude extradition treaties with other States Parties to this Convention in order to implement the present Convention. Article.

7. States Parties which do not make extradition subject to the existence of a treaty shall recognise the offences to which this Article applies as a cause of extradition between them.

8. Extradition shall be subject to the conditions laid down in the domestic law of the requested State Party or in the applicable extradition treaties, including, inter alia, those relating to the requirement of a minimum penalty for extradition and for grounds for which the requested State may refuse extradition.

9. States Parties shall, in accordance with their domestic law, seek to expedite extradition procedures and to simplify the relevant evidentiary requirements in respect of any of the offences to which the present applies. Article.

10. Subject to the provisions of its domestic law and its extradition treaties, the requested State may, after having been satisfied that the circumstances justify it and are of an urgent nature, and at the request of the requesting State Party, to arrest the person present on his territory whose extradition is requested or to take other appropriate measures to ensure the appearance of that person in the extradition proceedings.

11. The State Party in whose territory an alleged offender is located, if he does not extradite him in respect of a crime to which this article applies for the sole act of being one of its nationals, shall be obliged, upon request of the State Party, to requests the extradition, to subject the case without undue delay to its competent authorities for the purposes of prosecution. Those authorities shall take their decision and conduct their judicial proceedings in the same manner as they would in respect of any other serious offence under the domestic law of that State Party. The States Parties shall cooperate with each other, in particular with regard to procedural and evidentiary aspects, with a view to ensuring the efficiency of such actions.

12. Where the domestic right of a State Party only allows it to extradite or otherwise surrender one of its nationals on condition that that person is returned to that State Party to comply with the sentence imposed as a result of the trial or the process by which the extradition or the surrender was requested and that State Party and the State Party requesting the extradition accept that option, as well as any other condition that they deem appropriate, such extradition on or conditional delivery will be sufficient for the obligation set out in paragraph 11 of this Article is fulfilled.

13. If the extradition requested for the purpose of a conviction is denied by the fact that the requested person is a national of the requested State Party, he, if his or her domestic law permits and in accordance with the requirements of the said The right shall, upon request of the requesting State Party, consider the possibility of enforcing the sentence imposed or the remainder pending of that conviction under the domestic law of the requesting State Party.

14. At all stages of the proceedings, a fair treatment shall be ensured for any person against whom an instruction has been initiated in respect of any of the offences to which this Article applies, including the enjoyment of all rights. and guarantees provided for by the domestic law of the State Party on whose territory that person is located.

15. Nothing in this Convention may be construed as the imposition of an obligation to extradite if the requested State party has justified grounds to presume that the application has been submitted for the purpose of pursuing or punish a person on the basis of their sex, race, religion, nationality, ethnic origin or political views or that their compliance would harm the position of that person for any of these reasons.

16. States Parties may not refuse an extradition request only because the offence is deemed to involve tax issues as well.

17. Prior to the refusal of extradition, the requested State Party shall, where appropriate, consult the requesting State Party to give it ample opportunity to present its views and to provide relevant information to its submission.

18. States Parties shall endeavour to conclude bilateral and multilateral agreements or arrangements to carry out extradition or increase their effectiveness.

Ir al inicio

ARTICLE 45. TRANSFER OF SENTENCED PERSONS TO SERVE A SENTENCE.

States Parties may consider concluding bilateral or multilateral agreements or arrangements on the transfer to their territory of any person who has been sentenced to imprisonment or other forms of deprivation of liberty for any a criminal offence under this Convention in order to comply with its conviction.

Ir al inicio

ARTICLE 46. MUTUAL JUDICIAL ASSISTANCE.

1. States Parties shall provide the widest mutual judicial assistance in respect of investigations, prosecutions and judicial proceedings relating to the offences covered by this Convention.

2. Mutual judicial assistance shall be provided to the fullest extent possible in accordance with the relevant laws, treaties, agreements and arrangements of the State Party addressed with respect to investigations, prosecutions and prosecutions related to criminal offences. of which a legal person may be held liable in accordance with Article 26 of this Convention in the requesting State Party.

3. Mutual legal assistance provided in accordance with this Article may be requested for any of the following purposes:

a) Receiving testimonials or taking statements to people;

b) Submit court documents;

c) Carry out inspections and seizures and preventive embargoes;

d) Browse objects and places;

e) Provide information, test elements, and expert assessments;

(f) Original or certified copies of documents and files, relevant, including public, banking and financial documentation, as well as the social or commercial documentation of commercial companies;

g) Identify or locate the proceeds of crime, goods, instruments, or other elements for probative purposes;

h) Facilitate the voluntary appearance of persons in the requesting State Party;

i) To provide any other type of assistance authorized by the internal right of the requested State Party;

j) Identify, embark on a preventive basis and locate the proceeds of the crime, in accordance with the provisions of Chapter V of this Convention;

k) Retrieve assets in accordance with the provisions of Chapter V of this Convention.

4. Without prejudice to national law, the competent authorities of a State Party may, without prior request, transmit information relating to criminal matters to a competent authority of another State Party if they believe that information could help the authority to successfully undertake or conclude criminal investigations and prosecutions or could result in a request made by the latter State Party in accordance with this Convention.

5. The transmission of information in accordance with paragraph 4 of this Article shall be without prejudice to criminal investigations and prosecutions in the State of the competent authorities which provide the information. The competent authorities receiving the information shall have access to any request for respect of their confidential nature, including temporarily, or for restrictions on their use. However, this shall not prevent the Member State from disclosing, in its proceedings, information which is exculpatory of a person accused. In such a case, the receiving Party shall notify the State Party of the transmitting Party before disclosing such information and, if requested, shall consult the State transmitting Party. If, in an exceptional case, it is not possible to notify in advance, the receiving State Party shall inform the State Party of such disclosure without delay.

6. The provisions of this Article shall not affect the obligations arising out of other bilateral or multilateral treaties in force or in future which govern, in whole or in part, mutual judicial assistance.

7. Paragraphs 9o to 29 of this Article shall apply to applications which are made in accordance with this Article provided that a mutual judicial assistance treaty is not between the States Parties concerned. Where those States Parties are bound by such a treaty, the corresponding provisions of that Treaty shall apply, unless the States Parties agree to apply, instead, paragraphs 9 or 29 of this Article. States Parties are strongly urged to implement these paragraphs if they facilitate cooperation.

8. States Parties shall not invoke banking secrecy in order to refuse mutual legal assistance under this Article.

9. (a) In attending to a request for assistance under this Article, in the absence of double criminality, the requested State Party shall take into account the purpose of this Convention, as set out in

1;

(b) States Parties may refuse to provide assistance under this Article by invoking the absence of double criminality. However, the requested State Party shall, where this is in line with the basic concepts of its legal system, provide assistance that does not involve coercive measures. Such assistance may be denied where the application involves de minimis matters or matters for which the requested cooperation or assistance is provided for under other provisions of this Convention;

(c) In the absence of double criminality, each State Party may consider taking the necessary measures to enable it to provide broader assistance under this Article.

10. The person who is being held or serving a sentence in the territory of a State Party and whose presence is requested in another State Party for identification purposes, to give evidence or to assist in any other way evidence necessary for investigations, prosecutions or prosecutions in respect of offences covered by this Convention may be carried out if the following conditions are met:

a) The person, duly informed, gives his free consent;

(b) The competent authorities of both States Parties agree, subject to the conditions they deem appropriate.

11. For the purposes of paragraph 10 of this Article:

(a) The State Party to which the person is transferred shall have the jurisdiction and the obligation to keep it in detention, unless the State Party to which it has been moved requests or otherwise authorizes otherwise;

(b) The State Party to which the person is transferred shall without delay comply with its obligation to return it to the custody of the State Party to which it has been transferred, as agreed in advance or otherwise by the competent authorities of both States. Part;

(c) The State Party to which the person is transferred may not require the State Party from which it has been transferred to initiate extradition procedures for its return;

(d) The time the person has been detained in the State Party to which he has been transferred shall be counted as part of the penalty to be served in the State of which he has been transferred.

12. Unless the State Party from which a person is to be transferred in accordance with paragraphs 10 and 11 of this Article agrees, that person, irrespective of nationality, shall not be prosecuted, detained, convicted or subject to any other restriction of their personal freedom in the territory of the State to which it is transferred in connection with acts, omissions or convictions prior to its departure from the territory of the State from which it has been transferred.

13. Each State Party shall designate a central authority responsible for receiving requests for mutual judicial assistance and empowered to comply with them or to transmit them to the competent authorities for enforcement. Where a region or a special territory of a State Party has a regime other than mutual judicial assistance, the State Party may designate another central authority to perform the same function for that region or to that region. territory. The central authorities shall ensure the rapid and proper implementation or transmission of the applications received. Where the central authority transmits the request to a competent authority for its implementation, it shall encourage the prompt and proper implementation of the application by that authority. Each State Party shall notify the Secretary-General of the United Nations, at the time of depositing its instrument of ratification, acceptance or approval of this Convention or of accession to it, the name of the central authority which has been designated for this purpose. Requests for mutual legal assistance and any other relevant communication shall be transmitted to the central authorities designated by the States Parties. This provision shall not affect the right of any State Party to require that such requests and communications be sent to it by diplomatic means and, in urgent circumstances, when the States Parties agree to this, by way of of the International Criminal Police Organization, if possible.

14. Applications shall be made in writing or, where possible, by any means capable of recording a written text, in a language acceptable to the requested State Party, under conditions allowing that State Party to determine authenticity. Each State Party shall notify the Secretary-General of the United Nations, at the time of depositing its instrument of ratification, acceptance or approval of this Convention or of accession to it, the language or languages that are acceptable to it. In emergency situations, and where the States Parties agree, the applications may be made orally, and must be confirmed without delay in writing.

15. Any request for mutual legal assistance shall contain the following:

a) The identity of the authority making the request;

(b) The object and nature of the investigations, prosecutions or proceedings referred to in the application and the name and functions of the authority responsible for carrying out such investigations, processes or actions;

(c) A summary of the relevant facts, except in the case of requests for the submission of court documents;

(d) A description of the assistance requested and details of any particular procedure that the requesting State Party wishes to apply;

e) If possible, the identity, location and nationality of any interested person; and

f) The purpose for which the test, information, or performance is requested.

16. The requested State Party may request additional information where it is necessary to comply with the request in accordance with its domestic law or to facilitate such compliance.

17. Any request shall be made in accordance with the internal law of the requested State Party and, to the extent that it does not contravene it and is practicable, in accordance with the procedures specified in the application.

18. Whenever possible and compatible with the fundamental principles of domestic law, where a person is in the territory of a State Party and has to provide a statement as a witness or expert to judicial authorities of another State. State Party, the first State Party, at the request of the other State, may allow the hearing to be held by videoconference if it is not possible or appropriate for the person concerned to appear personally in the territory of the requesting State Party. States Parties may agree that the hearing shall be carried out by a judicial authority of the requesting State Party and that a judicial authority of the requested State Party is assisting it.

19. The requesting State Party shall not transmit or use, without prior consent of the requested State Party, the information or evidence provided by the State Party required for investigation, prosecution or prosecution other than indicated in the application. Nothing in this paragraph shall prevent the requesting State Party from disclosing, in its actions, information or evidence that it is exculpatory of an accused person. In the latter case, the requesting State Party shall notify the requested State Party before disclosing the information or evidence and, if requested, shall consult the requested State Party. If, in an exceptional case, it is not possible to notify in advance, the requesting State Party shall inform the requested State Party without delay.

20. The State Party shall require that the requested State Party maintain reservation about the existence and content of the application, except to the extent necessary to comply with it. If the requested State Party cannot maintain that reservation, it shall immediately inform the requesting State Party.

21. Mutual legal assistance may be refused:

(a) When the application is not made in accordance with the provisions of this Article;

b) When the requested State Party considers compliance with the solici-

could undermine your sovereignty, security, public order, or other fundamental interests;

(c) Where the domestic right of the requested State party prohibits its authorities from acting in the manner requested in respect of an analogous offence, if the latter has been the subject of investigations, prosecutions or prosecutions in the exercise of its jurisdiction. own competence;

d) When accessing the application is contrary to the legal order of the State Party required in respect of mutual judicial assistance.

22. States Parties may not refuse a request for mutual legal assistance only because the offence is deemed to involve tax issues as well.

23. Any refusal of mutual judicial assistance shall be duly substantiated.

24. The requested State Party shall comply with the request for mutual judicial assistance as soon as possible and shall take full account, as far as possible, of the time limits suggested by the requesting State Party and which are duly substantiated, preference in the request. The requesting State may request reasonable information on the status and evolution of the steps taken by the requested State to satisfy that request. The requested State Party shall respond to any reasonable requests made by the State Party in respect of the State and the progress of the application. The requesting State Party shall promptly inform the requested State Party when it no longer needs the assistance requested.

25. Mutual judicial assistance may be deferred by the requested State Party if it disturbs ongoing investigations, prosecutions or proceedings.

26. Prior to the refusal of an application submitted pursuant to paragraph 21 of this Article or to defer compliance in accordance with paragraph 25 of this Article, the requested State Party shall consult the requesting State Party to consider whether it is possible to provide the assistance requested by making it subject to the conditions it deems necessary. If the requesting State accepts assistance under those conditions, that State Party shall comply with the conditions imposed.

27. Without prejudice to the application of paragraph 12 of this Article; the witness, expert or other person who, at the request of the requesting State Party, consents to testify in a trial or to collaborate in an investigation, process or action in the territory of the requesting State Party may not be prosecuted or, detained, convicted or subjected to any other restriction of his or her personal freedom in that territory for acts, omissions or guilty pleas prior to that date in which it left the territory of the requested State Party. That laissez-passer shall cease when the witness, expert or other person has had, for a period of 15 consecutive days or during the period agreed by the States Parties after the date on which he has been officially informed that the authorities They no longer require their presence, the opportunity to leave the country and however voluntarily remain in that territory or return freely to him after they have left him.

28. The ordinary expenses incurred by the fulfilment of an application shall be borne by the requested State Party, unless the States Parties concerned have agreed otherwise. Where substantial or extraordinary expenditure is required for this purpose, the States Parties shall consult each other in order to determine the conditions under which the application will be complied with, as well as the manner in which the expenditure will be incurred.

29. The requested State Party:

(a) Facilitate a copy of the official documents and other documents or data in their possession to the requesting State Party, and to which, in accordance with their domestic law, the general public has access;

(b) May, at its discretion and subject to the conditions it deems appropriate, provide the State Party with a full or partial copy of the official documents or other documents or data held in its possession and which, in accordance with its internal law, are not within the scope of the general public.

30. Where necessary, States Parties shall consider the possibility of concluding bilateral or multilateral agreements or arrangements which contribute to the achievement of the purposes of this Article and which implement or strengthen their provisions.

Ir al inicio

Next