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On The Criminal Law Of The Council Of Europe Additional Protocol To The Convention Against Corruption

Original Language Title: Par Eiropas Padomes Krimināltiesību pretkorupcijas konvencijas Papildprotokolu

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The Saeima has adopted and the President promulgated the following laws: The Council of Europe Criminal Law Convention against corruption article 1 of the additional protocol. The criminal law of the Council of Europe additional protocol to the Convention against corruption (hereinafter referred to as the Optional Protocol) with this law is adopted and approved. 2. article. The additional protocol obligations shall coordinate the corruption prevention and combating Bureau. 3. article. This additional Protocol shall enter into force for the period specified in article 10 and in order, and the Ministry of Foreign Affairs shall notify the newspaper "journal". 4. article. The law shall enter into force on the day following its promulgation. By law to be put to the additional protocol to the English language and its translation into Latvian language. The law adopted by the Parliament in June 15, 2006. The President of the Parliament instead of the President i. Otter Riga 2006 June 29 in the ADDITIONAL PROTOCOL TO the CRIMINAL LAW CONVENTION ON CORRUPTION the member States of the Council of Europe and the other States signatory of the heret, Considering that it is desirabl to supplement the Criminal Law Convention on Corruption (ETS 173, hereafter From. "the Convention") in order to prevent and fight against corruption; Considering also that the present Protocol will allow the broader implementation of the 1996 Programme of Action against Corruption, have agreed as follows: Chapter I – use of terms article 1: use of terms For the purpose of this Protocol: 1 the term "arbitrator" shall be understood by reference to the national law of the States parties to this Protocol, but shall in any case include a person who by virtue of an arbitration agreement is called upon to render a legally binding decision in a dispute submitted to him/her by the parties to the agreement. 2 the term "arbitration agreement" means an agreement recognised by the national law whereby the parties agree to submit a dispute for a decision by an arbitrator. 3 the term "jurors" shall be understood by reference to the national law of the States parties to this Protocol but shall in any case include a lay person acting as a member of a collegial body which has the responsibility of deciding on the accused person to be of an guil in the framework of a trial. 4 In the case of proceedings involving a foreign arbitrator or jurors, the prosecuting State may apply the definition of arbitrator or jurors only in so far as that definition is compatible with its national law.
Chapter II-Measure to be taken at the national level article 2 – active bribery of domestic arbitrator for Each Party shall adop to such legislative and others measure may not be the axis of the axle of the offenc cessary to establish criminal under its domestic law, when committed intentionally, the promising, offering or giving by any person, directly or indirectly, of any advantage to an arbitrator undu exercising his/her functions under the national law on arbitration of the Party , for himself or herself or for anyone else, for him or for her to act or refrain from acting in the exercise of his or her functions. Article 3 – passive bribery of domestic arbitrator for Each Party shall adop to such legislative and others measure may not be the axis of the axle of the offenc cessary to establish criminal under its domestic law, when committed intentionally, the request or receipt by an arbitrator exercising his/her functions under the national law on arbitration of the Party, directly or indirectly, of any advantage for himself or undu herself or for anyone else , or the acceptance of an offer or a promise of such an advantage, to act or refrain from acting in the exercise of his or her functions. Article 4 – Bribery of foreign arbitrator for Each Party shall adop to such legislative and others measure may not be the axis of the axle of the offenc cessary to establish criminal under its domestic law the conduct referred to in articles 2 and 3, when involving an arbitrator exercising his/her functions under the national law on arbitration of any other State. Article 5 – Bribery of domestic jurors Each Party shall adop to such legislative and others measure may not be the axis of the axle of the offenc cessary to establish criminal under its domestic law the conduct referred to in articles 2 and 3, when involving any person acting as jurors within its judicial system. Article 6 – Bribery of foreign jurors Each Party shall adop to such legislative and others measure may not be the axis of the axle of the offenc cessary to establish criminal under its domestic law the conduct referred to in articles 2 and 3, when involving any person acting as jurors within the judicial system of any other State.
Chapter III – Monitoring of implementation and final provision Article 7 – Monitoring of implementation the Group of States against Corruption (GRECO) shall monitor the implementation of this Protocol by the parties. Article 8 – Relationship to the Convention 1 Axis between the States parties the provision of articles 2 to 6 of this Protocol shall be regarded as additional articles to the Convention. 2 the provision of the Convention shall apply to the exten to that they are compatible with the provision of this Protocol. Article 9 – declarations and reservations 1 If a Party has made a declaration in accordanc with article 36 of the Convention, it may make a similar declaration relating to articles 4 and 6 of this Protocol at the time of signature or when depositing its instrument of ratification, acceptance, approval or accession. 2 If a Party has made a reservation in accordanc with article 37, paragraph 1, of the Convention restricting the application of the passive bribery of the offenc defined in article 5 of the Convention, it may make a similar reservation concerning articles 4 and 6 of this Protocol at the time of signature or when depositing its instrument of ratification, acceptance, approval or accession. Any other reservations made by a Party, in accordanc with article 37 of the Convention shall be applicable also to this Protocol, unless that Party otherwise declare at the time of signature or when depositing of its instrument of ratification, acceptance, approval or accession. 3 other reservation may be made. Article 10 – signature and entry into force 1 this Protocol shall be open for signature by States which have signed the Convention. These States may express their consent to be bound by: a signature without reservation) as to ratification, acceptance or approval; or (b) signature subject to ratification), acceptance or approval, followed by ratification, acceptance or approval. 2 Instruments of ratification, acceptance or approval shall be deposited with the Secretary General of the Council of Europe. 3 this Protocol shall enter into force on the first day of the month following the expiry of a period of three months after the date on which five States have expressed their consent to be bound by the Protocol in accordanc with the provision of paragraphs 1 and 2, and only after the Convention itself has entered into force. 4 In respect of any signatory State which subsequently express their consent to it be bound by it, the Protocol shall enter into force on the first day of the month following the expiry of a period of three months after the date of the expression of its consent to be bound by the Protocol in accordanc with the provision of paragraphs 1 and 2.5 A signatory State may not ratify.â , accept or approve this Protocol without having, simultaneously or previously, it will consent to the ex pressed be bound by the Convention. Article 11 — Accession to the Protocol 1 Any State or the European Community having acceded to the Convention may accede to this Protocol after it has entered into force. 2 In respect of any State or the European Community acceding to the Protocol, it shall enter into force on the first day of the month following the expiry of a period of three months after the date of the deposit of an instrument of accession with the Secretary General of the Council of Europe. Article 12 Territorial application 1 Any State, or the European Community may, at the time of signature or when depositing its instrument of ratification, acceptance, approval or accession, specify the territory or territories to which this Protocol shall apply. 2 Any Party may, at any later date, by declaration addressed to the Secretary General of the Council of Europe, extend the application of this Protocol to any other territory or territories specified in the declaration and for whose international relations it is responsible or on whose behalf it is authorised to give undertaking. In respect of such territory the Protocol shall enter into force on the first day of the month following the expiry of a period of three months after the date of receipt of such declaration by the Secretary General. 3 Any declaration made in pursuanc of the two preceding paragraphs may, in respect of any territory mentioned in such declaration, be withdrawn by means of a notification addressed to the Secretary General of the Council of Europe. Such withdrawals shall become effective on the first day of the month following the expiry of a period of three months after the date of receipt of the notification by the Secretary General. Article 13 — Denunciation 1 Any Party may, at any time, denounc this Protocol by means of a notification addressed to the Secretary General of the Council of Europe. 2 Such denunciation shall become effective on the first day of the month following the expiry of a period of three months after the date of receipt of the notification by the Secretary General. 3 Denunciation of the Convention automatically entail a denunciation of this Protocol. Article 14 – Notification the Secretary General of the Council of Europe shall notify the member States of the Council of Europe and any State, or the European Community, having acceded to this Protocol of: a any signature) of this Protocol; (b)) the deposit of any instrument of ratification, acceptance, approval or accession; (c) any date of entry) into force of this Protocol in accordanc with articles 10, 11 and 12; (d) any declaration or reservation made) under articles 9 and 12; e any other Act, notification) or communication relating to this Protocol. In witness whereof the undersigned, being duly authorised, have signed theret this Protocol. Done at Strasbourg, this 15th day of May 2003, in English and in French, both texts being equally authentic, in a single copy which shall be deposited in the archives of the Council of Europe. The Secretary General of the Council of Europe shall transmit certified cop to it each of the signatory and acceding parties.


The criminal law of the Council of Europe additional protocol to the Convention against corruption of the Council of Europe Member States and other States which have signed this Protocol, taking into account that the purpose of preventing and combating corruption, it is desirable to supplement the Criminal Law Convention against corruption (ETS No. 173, hereinafter referred to as "the Convention"); Considering also that this protocol ensures the 1996 action programme against corruption for more exercise, have agreed as follows: part I. Use of terms article 1. The use of the term within the meaning of this Protocol: 1. The term "arbitrator" shall be understood in accordance with the Protocol on the national laws of the Member States in understanding, but in any case, it involves a person who, in accordance with the arbitration agreement is designated to accept legally binding decision of the dispute shall be referred for examination to the Contracting Parties. 2. The term "arbitration agreement" means the national laws in accordance with the procedure laid down by the conclusion of the agreement between the parties concerning the transfer of the dispute to arbitration. 3. The term "juror" shall be understood in the State party's national law, but in any case include a person acting as a collegial body member who has the right to decide on the guilt of the accused in the trial. 4. in the case of proceedings involving a foreign arbitrator or juror, charges can be applied to a set of national arbitrator or juror definition only insofar as this is compatible with its national regulations.     Part II. The measures to be taken at national level article 2. Bribery of national arbitrators any Protocol Member State shall take such legislative and other measures as necessary, in accordance with its law qualified as a criminal offence to knowingly make the kind of transactions with which any person, offer or give, directly or indirectly, to any country which this arbitrator, exercising his functions under the Protocol Member State national arbitration laws, regulating the operation of any benefits due, not for both this arbiter and any other person, to the arbitrator perform its functions or refrain from carrying out its functions.   3. article. The national arbitrators bribes every Protocol Member State shall take such legislative and other measures as necessary, in accordance with its law qualified as a criminal offence the kind of deliberate action that any arbitrator of this State, who shall carry out their functions/a in accordance with the Protocol Member State national arbitration laws, regulating action requests or receives, directly or indirectly, any benefits due, not for both this arbiter and any other person, or accepts such advantage or a promise of tenders for the provision of it to the arbitrator shall perform its functions or refrain from carrying out its functions.   4. article. Bribery of foreign arbitrators each Protocol Member State shall take such legislative and other measures as necessary, in accordance with its law qualified as a criminal offence in article 2 and 3 above if the arbitrator who is involved/a performs its functions in accordance with the national law of arbitration in any other country.   5. article. National jury bribery each Protocol Member State shall take such legislative and other measures as necessary, in accordance with its law qualified as a criminal offence in article 2 and 3 above if it includes any person who, in performing their functions under statutory law of the national court.   6. article. Foreign jurors bribe every protocol Member State shall take such legislative and other measures as necessary, in accordance with its law qualified as a criminal offence in article 2 and 3 above if it includes any person who, in performing their functions under statutory law of the courts of any other country.     Part III. Monitoring of the implementation of the Protocol and final provisions article 7. Implementation of the Protocol Control Protocol This Protocol Member States will control the international group against corruption (GRECO).   8. article. Connection with the Protocol of Convention between Member States of the present Protocol, 2.-the provisions of article 6 should be considered in addition to the articles of the Convention. 2. the Convention shall apply to the extent they are consistent with the provisions of the Protocol.   9. article. Declarations and reservations 1. If a State party has submitted a declaration pursuant to article 36 of the Convention, it may bring the same declaration relating to the Protocol, article 4 and 6 at the time of its signature or by submitting it in storage the instrument of ratification, acceptance, approval or accession. 2. If the Member State has submitted the Protocol a reservation in accordance with article 37 of the Convention the first part, limiting the Convention's article 5 bribery offences referred to in the application, it may submit the same reservation concerning this Protocol, article 4 and 6 at the time of its signature or by submitting it in storage the instrument of ratification, acceptance, approval or accession. Any other Member State of the Protocol submitted to the disclaimer in accordance with the provisions of the Convention article 37 also apply to this Protocol, except where the relevant protocol Member State declares otherwise at the time of signature of the Protocol or submitting it in storage the instrument of ratification, acceptance, approval or accession. 3. no other reservations may not be made.   10. article. The signing and entry into force 1 this Protocol may be signed on all States which have signed the Convention. These States may express their consent to be certified by: a) signature without reservation of ratification, acceptance or approval; or (b)) signature, subject to ratification, acceptance or approval, followed by such ratification, acceptance or approval. 2. the instruments of ratification, acceptance or approval shall be submitted by the Secretary-General of the Council of Europe. 3. this Protocol shall enter into force on the first day of the month following the period of three months from the date on which five States have provided their consent to this Protocol, in accordance with parts 1 and 2, and only after the entry into force of the Convention itself. 4. In respect of any signature of the country which then gives its consent to this Protocol, the Protocol shall enter into force on the first day of the month following the period of three months from the date in which it gives its consent to this Protocol, in accordance with the first and second part. 5. Subscribed State may not ratify, accept or approve this Protocol without previously or simultaneously giving your agreement to be bound by the obligations under the Convention.   11. article. 1. The Protocol of accession after the entry into force of this Protocol the European Community or any State that has acceded to the Convention may accede to this Protocol. 2. in the case of the European communities or any State which accedes to the present Protocol, the Protocol shall enter into force on the first day of the month following that in which the period of three months from the date of accession which has been submitted to the Secretary-General of the Council of Europe.   12. article. Territorial application 1 any State or the European Community, the signing of this Protocol, or in store, it submitted, the deposit of instruments of ratification, acceptance, approval or accession, may specify the territory or territories to which this Protocol applies. 2. each State party may at any time submit to the European Council a declaration addressed to the Secretary General, in which it states that extend the application of this Protocol, territory or territories specified in the Declaration, and for which international relations it is responsible or on whose behalf it is authorised to take on this commitment. In respect of such territory the Protocol shall enter into force on the first day of the month following that in which the period of three months from the date on which the Secretary-General has received the following statement. 3. any declaration made under the two preceding paragraphs, any territory specified in the Declaration, be withdrawn by addressed to the Secretary General of the Council of Europe report. Such withdrawal shall enter into force on the first day of the month following that in which the period of three months from the date on which the Secretary-General has received the following message.   13. article. Denunciation 1. Any Protocol Member State may at any time denounce this Protocol by submitting a Notification addressed to the Secretary General of the Council of Europe. 2. Denunciation shall take effect on the first day of the month following that in which the period of three months from the date on which the Secretary-General has received the following statement. 3. denunciation of the Convention automatically creates the denunciation of the Protocol.   14. article. Informing the Secretary-General of the Council of Europe shall notify the Member States of the Council and all States which have acceded to this Protocol of: a) any country which signed this Protocol; (b)) any instrument of ratification, acceptance, approval or accession deposited; (c) any date) this Protocol shall enter into force in accordance with the 10, 11 and 12; (d) any declaration or reservation), made in accordance with article 9 and 12; e) everyone with this Protocol related activities, statements or information. Above, the Protocol has been signed by authorised persons. Signed in Strasbourg, 15 May 2003, in the English and French languages, both texts being equally authentic, in a single copy that is stored in the archives of the Council of Europe. The Secretary General of the Council of Europe sends out certified copies of this Protocol to all States which have signed this Protocol, as well as all States invited to accede to this Protocol.