12.07.2015 Views

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

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

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

SHOW MORE
SHOW LESS

Create successful ePaper yourself

Turn your PDF publications into a flip-book with our unique Google optimized e-Paper software.

44 Travaux préparatoires: United Nations Convention against Transnational Organized Crime“(b) Organizing, directing, aiding, abetting, facilitating or counselling the commission<strong>of</strong> serious crime involving an organized criminal group.“2. The knowledge, intent, aim, purpose or agreement referred to in paragraph1 <strong>of</strong> <strong>this</strong> article may be inferred from objective factual circumstances.“3. A State whose laws require involvement <strong>of</strong> an organized criminal groupfor purposes <strong>of</strong> the <strong>of</strong>fences established under paragraph 1 (a) (i) <strong>of</strong> <strong>this</strong> article shallensure that its domestic laws cover all serious crimes involving organized criminalgroups. Such States, as well as States whose laws require an act in furtherance <strong>of</strong> theagreement for purposes <strong>of</strong> the <strong>of</strong>fences established under paragraph 1 (a) (i), shall soadvise the Secretary-General <strong>of</strong> the United Nations at the time <strong>of</strong> their signature, ratification,acceptance or approval <strong>of</strong> or accession to <strong>this</strong> Convention.”Notes by the Secretariat2. At its seventh session, the Ad Hoc Committee approved article 3 <strong>of</strong> the draft convention,as amended. Colombia expressed concern that the formulation <strong>of</strong> paragraph 3could be interpreted to permit unilateral declarations by States parties that might amountto reservations (see A/AC.254/25, para. 17). At its tenth session, the Ad Hoc Committeeconsidered, finalized and approved article 3, as amended. The last amendments are reflectedin the final text <strong>of</strong> the convention, as included in the report <strong>of</strong> the Ad Hoc Committee(A/55/383, sect. IV, draft resolution, annex I), that was submitted to the General Assemblyfor adoption pursuant to resolution 54/126 <strong>of</strong> 17 December 1999.B. Approved text adopted by the General Assembly(see resolution 55/25, annex I)Article 5Criminalization <strong>of</strong> participation in an organized criminal group1. Each State Party shall adopt such legislative and other measures as maybe necessary to establish as criminal <strong>of</strong>fences, when committed intentionally:(a) Either or both <strong>of</strong> the following as criminal <strong>of</strong>fences distinct from thoseinvolving the attempt or completion <strong>of</strong> the criminal activity:(i) Agreeing with one or more other persons to commit a serious crimefor a purpose relating directly or indirectly to the obtaining <strong>of</strong> a financialor other material benefit and, where required by domestic law, involving anact undertaken by one <strong>of</strong> the participants in furtherance <strong>of</strong> the agreement orinvolving an organized criminal group;(ii) Conduct by a person who, with knowledge <strong>of</strong> either the aim and generalcriminal activity <strong>of</strong> an organized criminal group or its intention to committhe crimes in question, takes an active part in:a. Criminal activities <strong>of</strong> the organized criminal group;b. Other activities <strong>of</strong> the organized criminal group in the knowledgethat his or her participation will contribute to the achievement <strong>of</strong> theabove-described criminal aim;

Hooray! Your file is uploaded and ready to be published.

Saved successfully!

Ooh no, something went wrong!