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session, assigning that task to a group <strong>of</strong> experts. It was also suggested that such a conventioncould, among other things, make participation in Mafia-like organizations a criminal<strong>of</strong>fence; make engagement in preparatory acts linked to organized crime a criminal<strong>of</strong>fence; make individuals criminally liable for the action <strong>of</strong> their group; provide for specialinvestigation powers; and include measures for the protection <strong>of</strong> witnesses. It waspointed out, finally, that any measures in such a convention should be consistent withnational constitutions and the due observance <strong>of</strong> human rights and that the United NationsCrime Prevention and Criminal Justice Programme should be the focus <strong>of</strong> endeavours andstrategies connected with any convention against organized transnational crime.The Conference unanimously adopted the Naples Political Declaration and GlobalAction Plan against Organized Transnational Crime (A/49/748, annex, sect. I.A.), in whichit emphasized the need for urgent global action against organized transnational crime, focusingon the structural characteristics and modus operandi <strong>of</strong> criminal organizations; andcalled upon States to take into consideration a series <strong>of</strong> characteristic features <strong>of</strong> organizedcrime, such as group organization to commit crime; hierarchical links or personal relationshipswhich permitted leaders to control the group; violence, intimidation and corruptionused to earn pr<strong>of</strong>its or control territories or markets; laundering <strong>of</strong> illicit proceeds both infurtherance <strong>of</strong> criminal activity and to infiltrate the legitimate economy; the potential forexpansion into any new activities and beyond national borders; and cooperation with otherorganized transnational criminal groups.In the Declaration, the Conference also called upon States to consider the furtherdevelopment <strong>of</strong> international instruments with a view to promoting closer alignment orcompatibility <strong>of</strong> their legislation, as well as to consider reliable evidence-gathering techniques,such as electronic surveillance, undercover operations and controlled delivery, whenso contemplated in national law, with full respect for internationally recognized humanrights and fundamental freedoms, in particular the right <strong>of</strong> privacy, and subject to judicialapproval or supervision as appropriate.Special attention was paid to the need for Member States to ensure that they had inplace the basic components <strong>of</strong> a functional system <strong>of</strong> international cooperation in order toaddress effectively the ability <strong>of</strong> organized transnational crime to shift and expand its activitiesfrom country to country. Equal attention was given to the need to strengthen technicalcooperation activities to assist developing countries and countries with economies intransition in enhancing the capacity <strong>of</strong> their criminal justice systems.The Conference further stressed that Member States should focus their efforts on theprevention and control <strong>of</strong> money-laundering and on the control <strong>of</strong> proceeds <strong>of</strong> crime byadopting legislative measures for the confiscation <strong>of</strong> illicit proceeds, including asset forfeiture,as well as ensuring the availability <strong>of</strong> provisional arrangements, such as the freezingor seizing <strong>of</strong> assets, always with due respect for the interests <strong>of</strong> bona fide third parties.The adoption <strong>of</strong> legislative and regulatory measures in order to promote effective moneylaunderingcontrol and international cooperation, including measures aiming at limitingfinancial secrecy to that effect, was also emphasized.The Conference further stressed the need for the international community to arrive ata generally agreed concept <strong>of</strong> organized crime as a basis for more compatible nationalresponses and more effective international cooperation. In that context, the Conferencerequested the Commission on Crime Prevention and Criminal Justice to initiate the process<strong>of</strong> requesting the views <strong>of</strong> Governments on the impact <strong>of</strong> a convention or conventionsagainst organized transnational crime and on the issues that could be covered therein.xv

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