Rs 0.311.42 International Convention Of September 12, 1923, For The Suppression Of The Circulation And Traffic In Obscene Publications (With Final Act)

Original Language Title: RS 0.311.42 Convention internationale du 12 septembre 1923 pour la répression de la circulation et du trafic des publications obscènes (avec acte final)

Read the untranslated law here: https://www.admin.ch/opc/fr/classified-compilation/19230023/index.html

0.311.42 original text International Convention for the Suppression of the circulation and traffic in obscene publications concluded at Geneva on 12 September 1923, approved by the Federal Assembly on 19 June 1925 Instrument of ratification deposited by the Switzerland on 20 January 1926 entry into force for Switzerland the l February 1926 (status July 26, 2011) the Albania, the Germany, the Austria , the Belgium, the Brazil, the British Empire (with the Union of South Africa, the New Zealand and the India State free to Ireland), the Bulgaria, the China, the Colombia, Costa Rica, Cuba, the Denmark, the Spain, the Finland, the France, the Greece, Haiti, the Honduras, the Hungary, the Italy, the Japan, the Latvia, the Lithuania, Luxembourg, Monaco, Panama, the Netherlands, Persia, Poland (with Danzig), the Portugal, the Romania , El Salvador, the Kingdom of the Serbs, Croats and Slovenes, Siam, the Switzerland, Czechoslovakia, the Turkey and the Uruguay: also willing to give the most effectively to the repression of the circulation and traffic in obscene publications;
Having accepted the invitation of the Government of the French Republic to take part in a Conference convened on August 31, 1923, in Geneva, under the auspices of the League of Nations, for the consideration of the draft Convention developed in 1910, and the comments made by the various States, as well as to develop and sign a final Convention text, named as Plenipotentiary to that effect : (Follow the names of the Plenipotentiaries) which, having communicated their full powers, found in good and due form, and after having read the final act of the Conference and of the agreement of 4 May 1910 have agreed on the following provisions: art. I the High Contracting Parties agree to take all measures to discover, pursue and punish anyone who is guilty of one listed below acts and, accordingly, decide that must be punished because: 1. produce or hold writings, drawings, engravings, paintings, prints, pictures, posters, emblems, photographs, cinematographic films or other obscene objects for purpose of trade, or distribution, or display publicly; 2. to import, transport, export or to import, transport or export, for the purposes above, such written, drawings, engravings, paintings, prints, pictures, posters, emblems, photographs, motion pictures or other objects obscene, or put into circulation in a manner any; 3. to make even non-public trade, to perform any operation on them in any way, distribute, or publicly expose them to craft them to lease; 4. to advertise or publicize in any way, to promote traffic or traffic to repress, that a person engages in a any of the punishable acts listed above; to advertise or publicize how and by whom such written, drawings, engravings, paintings, prints, pictures, posters, emblems, photographs, cinematographic films or other obscene objects can be derived, either directly or indirectly.

See art. 197 (RS 311.0).

Art. II individuals who have committed one of the offences provided for in art. 1 will be subject to the courts of the country Contracting where has been accomplished either the crime, one of the constituent elements of the offence. They will be also litigants, when its legislation allows, of the courts of the country contracting to which they belong, if they are found, even though the elements of the offence have been made outside its territory.
However, it is for each Contracting Party to apply the non bis in Maxim indem according to rules accepted by its legislation.

See art 6 CP (RS 311.0).
The interpretation of this maxim, below point 3 ° of the statements of the final act.

Art. III transmitting the letters rogatory relating to offences covered by this Convention will occur: 1. either by direct communication between the judicial; 2 authorities. Either through the agent diplomatic or consular of the country requesting the required country. This officer will directly send the letter of request to the competent judicial authority or designated by the Government of the requested country and directly from this authority will receive parts noting the execution of the letter rogatory. In these two cases, the letter rogatory will be always copied at the same time to the higher authority of the requested country, 3. Either through the diplomatic channel.

Each Contracting Party will make known, by a communication addressed to each of the other Contracting Parties, those above transmission modes that she admits to the letters rogatory to this part.
All the difficulties that would rise on the occasion of the transmissions made in cases 1 and 2 of this article will be resolved through the diplomatic.
Unless otherwise agreed, the letter rogatory shall be either in the language of the authority, or in the agreed language between the two countries concerned, or else it must be accompanied by a translation in one of these two languages and certified true by a diplomatic or consular of the requesting country officer or by a sworn translator to the country required.
Execution of the letters rogatory cannot give rise to the refund taxes or charges of any kind whatsoever.
Nothing in the present article, cannot be interpreted as constituting, on the part of the Contracting Parties, a commitment to admit, with regard to the system of evidence in law enforcement, a departure from their laws.

Art. IV Contracting Parties whose legislation would not, from now on, sufficient to give effect to this Convention, undertake to take or propose to their respective legislatures measures in this regard.

Art. V the Contracting Parties whose legislation is not now sufficient, agree to provide searches in places where there is reason to believe that a glut or are, in the view of one any purposes specified in article I or in violation of this article, writings, drawings, engravings, paintings, print, images, posters , emblems, photographs, cinematographic films or other obscene objects and to anticipate also the seizure, confiscation and destruction.

See art. 69 and 197 PC (RS 311.0).

Art. VI. the Contracting Parties agree that, in the case of breach of the provisions of article I, committed in the territory of one of them, when there is reason to believe that the objects of the offence were manufactured or imported from the territory of another party, the designated authority under the agreement of 4 May 1910, the territory will immediately report the facts to the authority of the other party and provide at the same time comprehensive information to allow it to take the necessary measures.

SR 0.311.41 art. VII the present Convention, of which the french and English texts shall prevail, will carry the date of this day, and will be, until March 31, 1924, open for signature by any State represented at the Conference, any member of the League of Nations and of any State to which the Council of the League of Nations will, for this purpose, provided a copy of this agreement.

Art. VIII this Convention is subject to ratification. The instruments of ratification will be transmitted to the Secretary-General of the League of Nations, which in will notify the filing to the members of the League of Nations signatories to the Convention, as well as to the other signatory States.
The Secretary-General of the League of Nations shall immediately communicate to the Government of the French Republic certified copy of any instrument relating to the Convention.
In accordance with the provisions of art. 18 of the Covenant of the League of Nations, the Secretary-General will register this Convention the day of the entry into force of the latter.

[RO 36 667]

Art. IX A starting from March 31, 1924, any State represented at the Conference and not a signatory of the Convention, any member of the League of Nations and any State that the Council of the League of Nations will be, for this purpose, communicated a copy, may accede to the present Convention.
This membership will be made through an instrument communicated to the Secretary-General of the League of Nations, for the purpose of filing in the archives of the Secretariat. The Secretary-General shall notify this deposit immediately to the members of the League of Nations signatories to the Convention, as well as to the other signatory States.

After the dissolution of the League of Nations, the Secretary-General of the United Nations was responsible for the functions mentioned here (FF 1946 II 1181 1187 and s.).

Art. X the ratification of this Convention, as well as the accession to this Convention will result, by right and without special notification, concomitant and full accession to the agreement of May 4, 1910, which will enter into force on the same date as the Convention itself, in the whole territory of the State or of the Member of the League of Nations ratifying or member.

It shall however not affect, by the previous provision, art. 4 of the above agreement of May 4, 1910, which continues to apply in the event that a State would prefer to act of accession to this agreement only.

SR 0.311.41 art. XI this Convention will enter into force thirty days following the receipt of two ratifications by the Secretary-General of the League of Nations.

Art. XII. this Convention may be denounced by written notification addressed to the Secretary general of the League of Nations. Denunciation becomes effective one year after the date of its receipt by the Secretary-General and shall have effect only in what concerns the Member of the League of Nations or the State denouncing.
The Secretary-General of the League of Nations shall inform each of the members of the League of Nations signed the Convention or acceding to the Convention and other States signatory or acceding any denunciation received by him.
No right concomitant denunciation of the agreement of May 4, 1910, the denunciation of this Convention will be at least that in either fact expressly mentioned in the Act of notification.

See the note to the art. IX. see note to art. IX. SR 0.311.41 art. XIII any member of the League of Nations or State signatory or member can declare that his signature or accession does not commit, either overall, or such colonies, protectorates, overseas or territory subject to its sovereignty or its authority, and can, later, enrol separately on behalf of one any of its protected areas, colonies, possessions of overseas or territories excluded by this statement.
The information may also be performed separately for any protectorate, colony, possession of overseas or territory subject to its sovereignty or authority; the provisions of art. XII apply to this information.

Art. XIV. the Secretary-General of the League of Nations held a special compendium showing what are those of the Parties who have signed the Convention, which ratified, who joined, or who have denounced him. This list will be available at all times by members of the League of Nations or another State signatory or member. It will be published as often as possible.

See the note to the art. IX. art. XV. all disputes that may arise between the Contracting Parties about the interpretation or application of this Convention will be, if they cannot be settled by direct negotiations, referred for decision to the Permanent Court of International Justice. If the Parties between which arises a disagreement, or one of them, were not having not signed or accepted the Protocol of signature of the Permanent Court of International Justice, their dispute will be submitted, according to the parties, either at the Permanent Court of International Justice, or to arbitration.

The Permanent Court of international justice was dissolved by resolution of the Assembly of the League of Nations of 18 April 1946 (FF 1946 II 1186) and replaced by the International Court of justice (RS 0.120).
The Permanent Court of international justice was dissolved by resolution of the Assembly of the League of Nations of 18 April 1946 (FF 1946 II 1186) and replaced by the International Court of justice (RS 0.120).
The Permanent Court of international justice was dissolved by resolution of the Assembly of the League of Nations of 18 April 1946 (FF 1946 II 1186) and replaced by the International Court of justice (RS 0.120).

Art. XVI Act final scope July 26, 2011 if five parts signatory or adherent request the revision of this Convention, the Council of the League of Nations shall convene a Conference for this purpose. In all cases, the Council will consider, at the end of each period of five years, the opportunity of this meeting.
In faith whereof, the above-named Plenipotentiaries have signed the present Convention.
Done at Geneva, on 12 September one thousand nine hundred twenty-three, in two original copies, one of which will be placed in the archives of the League of Nations and the other will remain deposited in the archives of the Government of the French Republic.
(Follow signatures)

See the note to the art. IX. final act the International Conference for the Suppression of the circulation and traffic in obscene publications, convened at the invitation of the Government of the French Republic, met in Geneva on 31 August 1923, under the auspices of the League of Nations.
The Conference was convened in the execution of the following resolutions, adopted on September 28, 1922, by the third meeting of the League of Nations: "the Assembly decides: 1. under art." 24 of the Covenant, the Council of the League of Nations is invited to authorize the Secretariat to provide assistance to members of the society and all other States participating in the international movement for the suppression of obscene publications, in all measures that might be required for this effet.2. The Board of the company is invited to draw the attention of all States on the international agreement of 1910. States which have signed the Convention or acceded, will be invited to put in effect its provisions, and States that are not yet parties will be urged to join the earlier possible.3. The Council is invited to communicate the draft Convention of 1910, accompanied by a questionnaire to all States, requesting them to transmit their comments to the Secretariat of the League of Nations, which, after have coordinated them, in will forward all the french government with a request, on behalf of the Council, given the initiative taken by this Government in 1910 to well convene ", under the auspices of the company, a new conference to be held in Geneva, on the occasion of the fourth meeting, and which would consist of Plenipotentiary responsible for developing a new Convention text and to proceed to his signature."

The names of Plenipotentiary delegates, Deputy delegates, advisers, technical or expert, as well as those of the Plenipotentiary countries represented, are included in an annex to this final act.
Mr. Gaston Deschamps, of France, has been called, by acclamation, to serve as president of the Conference.
Sir Prabhashankar Pattani, Director of the India, was appointed as Vice President.
According to the above reported resolutions of the Assembly of the League of Nations, the draft Convention prepared by the International Conference held in Paris in 1910, along with a questionnaire had been circulated on November 1, 1922 to all States. The responses to this questionnaire have been transmitted by the Secretariat of the League of Nations also to all States and submitted to the Conference.
At the beginning of its work, the Conference decided to take the draft Convention of 1910 as a basis for discussion and, after a thorough review of this project and of the replies to the questionnaire, as well as changes since 1910 in the international situation, the Conference held, unanimously, that it was appropriate to draft a new Convention that is dated September 12, 1923 and that is followed by this final act.
The Conference resolved to incorporate in this Act the statements, information and wishes below: 1. it is first of all to pay tribute to the Government of the French Republic and to thank him for the initiative he has taken, in 1910, to convene an International Conference in order to find ways to combat the circulation and traffic in obscene publications. It highly appreciates the value and the importance of this initiative, without which the question had not reached maturity it offers currently and which resulted with much less trouble in an agreement between a very large number of States.
2. close a careful review of the question of whether it was possible to include in the Convention a definition of "obscene" that was acceptable to all States, the Conference resulted in a negative and recognized conclusion, as the 1910 Conference, need to book to each State the treatment to give to this word the meaning appearing her exact.
3. the Conference considered it useful to indicate that the legal principle non bis in idem, which is referring to the second paragraph of art. II of the Convention, must be heard in the sense that it is desirable that, except in exceptional cases, the individual who will justify having been definitively judged in a contracting country, and if convicted, have undergone or prescribed his sentence or obtained his grace, cannot be prosecuted for the same fact in another country.
4 the general view of the Conference, the offences of offering, discount, sale or distribution of obscenities should be considered as more serious when they are committed against minors. But it did not appear that the Convention should contain a provision in this regard.
The Conference issues the wish that each law enacts an aggravation of penalty if the supply, delivery, sale or distribution of obscenities is made to youth. It is up to each law to specify the exact age below which it is necessary to protect the youth.

5. most of the delegations present at the Conference have not believed possible to incorporate in the Convention the provisions proposed by the french government, on the provocation to abortion and contraceptive propaganda. The grounds advanced in support of this view were taken from what, for lack of instructions on such a sensitive issue and not seeming to, besides, relate in a way quite intimate to the object of the Conference, the delegates were not able to pronounce; that, on the other hand, the consideration of the question, due to its complexity and differences of opinion that she was still capable of raising, would have featured a very long debate for which the time was lacking.
However, all delegations would like to declare that they recognize the high interest of this issue and its severity to social and moral point of view. Has been the wish, expressed that a day will come when circumstances allow to consider, an international agreement for the common defence of States against a social scourge that has motivated, on the part of the 1910 Conference, the following statement: "all delegates of all countries participating in the Conference were unanimous to report the danger that this vile propaganda put to nations in drying up the sources of life.» However, delegates of Britain and the Australia made reservations about the wish relative to this international agreement.
Some delegates noted that, as this propaganda may be regarded as obscene in itself, according to the art. I apply perfectly.
6. the French delegation's presentation, French law distinguished between the print and the book, which is placed outside the ordinary prints and governed by a law other than the outrage to public morals Act, it was accordingly required to formulate a reservation regarding the printouts referred to in art. I of the Convention.
She also said that she had to exclude operations referred to in para. 3 of art. I those who, as the Exchange and the loan, would be conducted between individuals.
The Belgian delegate pointed out that under a constitutional rule on offences committed through the press, when the author is known and domiciled in Belgium, the Publisher, the printer or distributor can be pursued.
On their side, the delegates of the Sweden and Denmark, citing laws on the bookstore in force in their country, made known they had, too, to a reservation on the "printed" term used in art. I. 7. Wishes were expressed to that legislation in the various Contracting States are, if it is necessary, modified in such a way that the obscene book goes into print covered by art. I of the Convention and that all the facts referred and repressed by the Convention apply to obscene book as other prints.
8. the Conference was inserted at the end of the Convention an article providing for the necessary device to proceed to the revision of the present Convention, if the experience would demonstrate that this review is desirable. Therefor, the Conference requests the Council of the League of Nations whether, at the end of each period of five years, it is desirable to convene a Conference to tighten the Convention.
9. in view of the application of art. XVI of the Convention, the Conference recommends that the Secretariat of the League of Nations be periodically charged to prepare a questionnaire on trade of obscene publications and send it to all the authorities designated by the agreement of May 4, 1910. With respect to those States that have not identified themselves to authorities, the questionnaire will be sent directly to their Governments.
The information required by the questionnaire will include the number of prosecuted crimes, their nature and the result of the proceedings, the nature of the offences reported to the authorities of other States, as well as general comments on the intensity and nature of targeted trade.
10. the drafting of the new agreement conforms to the most recent precedents for general international Conventions by Conferences held under the auspices of the League of Nations.
11. the arrangements provide for the possibility to sign the agreement until March 31, 1924 and join after this date. The Secretary-General of the League of Nations is requested to take the necessary measures to this effect.
12. the Conference decided that the new Convention and this final act would be established in two originals, one of which one shall be deposited in the archives of the League of Nations and the other in the archives of the Government of the French Republic, already depositary the original of the agreement of May 4, 1910. But, for reasons of convenience, she admitted that all other diplomatic instruments related to the Convention would be deposited in the archives of the League of Nations.
13. the Conference also decided that authentic copies of this final act would be communicated to all the States represented at the Conference, to all members of the League of Nations and in all other States that would designate the Council of the League of Nations.
14. the Conference requests the Council of the League of Nations to communicate, as well as an invitation to sign the Convention, or to accede, copies of the Convention to all members of the League of Nations that are not represented at the Conference and to all other States that the Council may designate.
In faith, delegates to the Conference have signed the present deed.
Done at Geneva, on 12 September thousand nine hundred and twenty-three, in two original copies of which one shall be deposited in the archives of the society of Nations, and the other in the archives of the Government of the French Republic.
(Follow the names of delegates)

Scope on July 26, 2011, States parties Ratification, accession (A) Declaration of estate (S) entry into force Afghanistan 10 May 1937 was May 10, 1937 South Africa December 11, 1925 December 11, 1925 Albania 13 October 1924-13 October 1924 Argentina 3 October 1936 Australia 29 June 1935 was 29 June 1935 Island Norfolk 29 June 1935-29 June 1935 Austria 12 January 1925-12 January Belarus 8 September 1925 S 1998, 25 December 1991 Belgium *.

July 31, 1926 July 31, 1926 Brazil September 19, 1931 September 19, 1931 Bulgaria 1 July 1924 August 7, 1924 Cambodia March 30, 1959's March 30, 1959 Canada 23 May 1924 was August 7, 1924 China * February 24, 1926 February 24, 1926 Hong Kong June 10, 1997 1 July 1997 Cyprus may 16, 1963 S 16 August 1960 Colombia 8 November 1934 8 November 1934 Congo (Kinshasa) 31 May 1962 S June 30, 1960 Cuba 20 September 1934 20 September 1934 Egypt October 29, 1924 has 29 October 1924 El El Salvador July 2, 1937 July 2, 1937 Spain December 19, 1924 December 19, 1924 Fiji November 1, 1971 S October 10, 1970 Finland 29 June 1925 29 June 1925 France * January 16, 1940 16 January 1940 Ghana April 7, 1958 S March 5, 1957 Greece October 9, 1929 October 9, 1929 Guatemala 25 October 1933 was October 25, 1933 Haiti August 26, 1953 August 26, 1953 Hungary 12 February

1929 12 February 1929 India 11 December 1925 December 11, 1925 Iran September 28, 1932 September 28, 1932 Iraq April 26, 1929 was April 26, 1929 Ireland September 15, 1930 September 15, 1930 Italy July 8, 1924 August 7, 1924 Jamaica July 30, 1964 S August 6, 1962 Japan 13 May 1936 Jordan may 11, 1959 A may 11, 1959 Lesotho 28 November 1975 13 May 1936 S October 4, 1966 Latvia October 7, 1925 October 7, 1925 Liberia 16 September 2005 September 16, 2005 Luxembourg * August 10, 1927 August 10, 1927 Madagascar 10 April 1963 A 10 April 1963 Malaysia 21 August 1958 of August 31, 1957 Malawi July 22, 1965 to July 22, 1965 Malta 24 March 1967 S September 21, 1964 Maurice July 18, 1969 S March 12, 1968 Mexico 9 January 1948 has 9 January 1948 Monaco 11 May 1925 may 11, 1925 Montenegro, on October 23, 2006 S 3 June 2006 Myanmar may 13, 1949

May 13, 1949 Nigeria June 26, 1961 1 October 1960 Norway 8 May 1929 was May 8, 1929 New Zealand December 11, 1925 December 11, 1925 Pakistan 12 November 1947 November 12, 1947 Paraguay October 21, 1933 A October 21, 1933 Netherlands Curaçao September 13, 1927 September 13, 1927 Sint Maarten 13 September 1927 September 13, 1927 Poland March 8, 1927 March 8, 1927 Portugal October 4, 1927 October 4, 1927 Czech Republic 30 December 1993 S January 1, 1993

Romania June 7, 1926 June 7, 1926 United Kingdom * December 11, 1925 December 11, 1925 Bermuda May 23, 1927 A May 23, 1927 Gibraltar November 3, 1926 November 3, 1926 Falkland Islands 23 May 1927 was May 23, 1927 Islands under-the-- wind November 3, 1926 was November 3, 1926 in the Windward Islands (Grenada, St. Vincent and the Grenadines, Saint Lucia, Dominica) November 3, 1926 was November 3, 1926, St. Helena and dependencies (Ascension and Tristan da Cunha) may 23, 1927 has 23 May 1927 Russia

July 8, 1935 July 8, 1935 San - Marino 21 April 1926 has 21 April 1926 Solomon, Islands 3 September 1981 S July 7, 1978 Serbia March 12, 2001 27 April 1992 Sierra Leone 13 March 1962 S S 27 April 1961 Slovakia


May 28, 1993 of January 1, 1993 Sri Lanka April 15, 1958 to April 15, 1958 Switzerland January 20, 1926 1 February 1926 28 November 1962 Tanzania has 28 November 1962 Thailand * July 28, 1924 August 7, 1924 Trinidad and Tobago 11 April 1966 S August 31, 1962 Turkey September 12, 1929 September 12, 1929 Zambia 1 November 1974 S October 24, 1964 Zimbabwe 1 December 1998 S April 18, 1980 * reservations and declarations. Reservations and declarations are not published to the RO. Texts in french and English will be available at the address of the Internet site of the United Nations: http://untreaty.un.org/ or obtained in the Direction of public international law (FDFA), the international treaties Section, 3003 Bern.

SR 12 9. FF 1924 III 1103 RO 42 219. This approval took effect Feb. 1. 1926, day of the entry into force of the Federal Act on Sept. 30. 1925 concerning the Suppression of trafficking in women and children and combating the circulation and traffic in obscene publications [RO 42 9. RS 3 193 art. 398 al. let 2. [m], currently replaced by CP (RS 311.0).
RS 0.311.41 [RO 36 667] RS 0.311.41 see art. 197 ch. 1 CP (RS 311.0).
RS 0.311.41 RS 0.311.41 see note to art. IX of the convention.
RO 1972 734, 1982-1308, 1986 1332, 2002 2729, 2006 4643 and 2011 3573. A version of the update scope is published on the web site of the FDFA (http://www.dfae.admin.ch/traites).

Status as of July 26, 2011