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

102 Travaux préparatoires: United Nations Convention against Transnational Organized Crimetext of this paragraph, as reformulated after the appropriate amendments in order to be applicableto all offences established under the convention, reads as follows:“6. Nothing contained in this Convention shall affect the principle that thedescription of the offences established under this Convention and of the applicablelegal defences or other legal principles controlling the lawfulness of conduct isreserved to the domestic law of a State Party and that such offences shall be prosecutedand punished in conformity with that law.”(See also article 6, footnote 39, of the convention.)The last amendments are reflected in the final text of the convention, as included in thereport of the Ad Hoc Committee (A/55/383, sect. IV, draft resolution, annex I), that wassubmitted to the General Assembly for adoption pursuant to resolution 54/126 of 17December 1999.B. Approved text adopted by the General Assembly(see resolution 55/25, annex I)Article 11Prosecution, adjudication and sanctions1. Each State Party shall make the commission of an offence establishedin accordance with articles 5, 6, 8 and 23 of this Convention liable to sanctionsthat take into account the gravity of that offence.2. Each State Party shall endeavour to ensure that any discretionary legalpowers under its domestic law relating to the prosecution of persons for offencescovered by 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. In the case of offences established in accordance with articles 5, 6, 8and 23 of this Convention, each State Party shall take appropriate measures, inaccordance with its domestic law and with due regard to the rights of the defence,to seek to ensure that conditions imposed in connection with decisions on releasepending trial or appeal take into consideration the need to ensure the presence ofthe defendant at subsequent criminal proceedings.4. Each State Party shall ensure that its courts or other competent authoritiesbear in mind the grave nature of the offences covered by this Conventionwhen considering the eventuality of early release or parole of persons convictedof such offences.5. Each State Party shall, where appropriate, establish under its domesticlaw a long statute of limitations period in which to commence proceedings forany offence covered by this Convention and a longer period where the allegedoffender has evaded the administration of justice.6. Nothing contained in this Convention shall affect the principle that thedescription of the offences established in accordance with this Convention and ofthe applicable legal defences or other legal principles controlling the lawfulnessof conduct is reserved to the domestic law of a State Party and that such offencesshall be prosecuted and punished in accordance with that law.