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100 Travaux préparatoires: United Nations Convention against Transnational Organized Crimeis covered by <strong>this</strong> Convention and who is found within its territory is present at thenecessary criminal proceedings.]” 16Rolling text (A/AC.254/4/Rev.4)“Article 6“Prosecution, adjudication and sanctions 17“1. Each State Party shall make the commission <strong>of</strong> an <strong>of</strong>fence covered by <strong>this</strong>Convention 18 liable to sanctions that take into account the grave nature <strong>of</strong> those<strong>of</strong>fences.“2. Each State Party shall endeavour to ensure that any discretionary legalpowers under its domestic law relating to the prosecution <strong>of</strong> persons for <strong>of</strong>fences thatare covered by <strong>this</strong> Convention are exercised to maximize the effectiveness <strong>of</strong> lawenforcement measures in respect <strong>of</strong> those <strong>of</strong>fences and with due regard to the needto deter the commission <strong>of</strong> such <strong>of</strong>fences.“[3. Each State Party shall ensure that its courts or other competent authoritiesbear in mind the grave nature <strong>of</strong> the <strong>of</strong>fences that are covered by <strong>this</strong> Conventionwhen considering the [eventuality] [possibility] <strong>of</strong> early release or parole <strong>of</strong> personsconvicted <strong>of</strong> such <strong>of</strong>fences.]“4. Each State Party shall, where appropriate, establish under its domestic lawa long statute <strong>of</strong> limitations period in which to commence proceedings for any <strong>of</strong>fencecovered by <strong>this</strong> Convention and a longer period where the alleged <strong>of</strong>fender has evadedthe administration <strong>of</strong> justice.“[5. In the case <strong>of</strong> <strong>of</strong>fences established in accordance with articles [...] <strong>of</strong> <strong>this</strong>Convention, each State Party shall take appropriate measures, [consistent with its legalsystem,] with due regard to the rights <strong>of</strong> the defence, to seek to ensure that conditionsimposed in connection with decisions on release pending trial or appeal takeinto consideration the need to ensure the presence <strong>of</strong> the defendant at subsequentcriminal proceedings.] 19 ”16This paragraph was derived from article 3, paragraph 9, <strong>of</strong> the 1988 Convention. A number <strong>of</strong> delegations were <strong>of</strong>the view that <strong>this</strong> paragraph should be moved to article 10, on extradition. Other delegations, however, pointed out that, inview <strong>of</strong> the seriousness <strong>of</strong> the <strong>of</strong>fences covered by the draft convention, the purpose <strong>of</strong> <strong>this</strong> paragraph would be to ensurethe presence <strong>of</strong> the defendant also for domestic proceedings.17See also footnote 13, above. India supported the retention <strong>of</strong> article 6, paragraph 4, contained in <strong>document</strong>A/AC.254/4/Rev.3 and proposed the following formulation:“Each State Party shall adopt legislative and other measures, as may be necessary, to establish as criminal<strong>of</strong>fences the conduct constituting the perpetration <strong>of</strong> any crime covered by <strong>this</strong> Convention from its ownterritory in the territory <strong>of</strong> any other State by an organized criminal group or a member there<strong>of</strong>.”This formulation was supported by some delegations. Other delegations wished to discuss further the proposal and itsplacement in the draft convention.18The use <strong>of</strong> the phrase “an <strong>of</strong>fence covered by <strong>this</strong> Convention” should be reviewed once the scope <strong>of</strong> the conventionhas been determined.19This paragraph is a revision <strong>of</strong> paragraph 11 <strong>of</strong> article 6 (see A/AC.254/4/Rev.3) proposed by Finland at the request<strong>of</strong> the Chairman. It was not discussed at the fourth session <strong>of</strong> the Ad Hoc Committee.

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