View/save PDF version of this document - La Strada International

96 Travaux préparatoires: United Nations Convention against Transnational Organized CrimeRolling text (A/AC.254/4)“Article 6“Effective prosecution, adjudication and sanctions“1. Each State Party shall make the commission of an offence established inarticle(s) [...] [alternatively: of an offence covered by this Convention] liable to sanctionsthat take into account the grave nature of those offences, such as imprisonmentor other forms of deprivation of liberty, pecuniary sanctions and confiscation. 1“2. States Parties shall endeavour to ensure that any discretionary legal powersunder their domestic law relating to the prosecution of persons for offences thatare the subject of this Convention are exercised to maximize the effectiveness of lawenforcement measures in respect of those offences and with due regard to the needto deter the commission of such offences.“3. States Parties shall ensure that their courts or other competent authoritiesbear in mind the serious nature of the offences that are the subject of this Conventionwhen considering the eventuality of early release or parole of persons convicted ofsuch offences.“4. Each State Party shall, where appropriate, establish under its domestic lawa long statute of limitations period in which to commence proceedings for any offencethat is the subject of this Convention, and a longer period where the alleged offenderhas evaded the administration of justice.“5. Each State Party shall take appropriate measures, consistent with its legalsystem, to ensure that a person charged with or convicted of an offence that is thesubject of this Convention, who is found within its territory, is present at the necessarycriminal proceedings.”Rolling text (A/AC.254/4/Rev.1)“Article 6“Effective prosecution, adjudication and sanctions 2“1. Each State Party shall make the commission of an offence established inarticle(s) [...] [alternatively: of an offence covered by this Convention] liable to sanctionsthat take into account the grave nature of those offences, such as imprisonmentor other forms of deprivation of liberty, pecuniary sanctions and confiscation. 3“2. States Parties shall endeavour to ensure that any discretionary legal powersunder their domestic law relating to the prosecution of persons for offences that1With respect to the sanctions referred to here, at the informal preparatory meeting held in Buenos Aires in 1998it was noted that, according to article 1, paragraph 4, of the draft convention, States might adopt stricter or more severemeasures than those foreseen in the convention. Another suggestion was to include a provision that would encourage Statesto consider the commission of an offence by a criminal organization an aggravating circumstance for the purpose ofsanctioning.2This article was reformulated at the first session of the Ad Hoc Committee on the basis of a proposal submitted byFrance (see A/AC.254/5, above). One delegation emphasized the need for provisions on procedural safeguards.3See footnote 1 above. At the first session of the Ad Hoc Committee, one delegation proposed the deletion of thephrase “such as imprisonment or other forms of deprivation of liberty, pecuniary sanctions and confiscation”.