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58 Travaux préparatoires: United Nations Convention against Transnational Organized Crime“2. For purposes <strong>of</strong> implementing or applying paragraph 1 <strong>of</strong> <strong>this</strong> article:“(a) States Parties shall seek to apply paragraph 1 to the widest range <strong>of</strong> predicate<strong>of</strong>fences;“(b) States Parties shall include as predicate <strong>of</strong>fences:“(i) [All serious crimes] [All serious crimes involving an organizedcriminal group and the <strong>of</strong>fences established in articles 3, 4 ter and 17 bis<strong>of</strong> <strong>this</strong> Convention]; 40 or“(ii) If all serious crimes are not included, at a minimum, a comprehensiverange <strong>of</strong> serious <strong>of</strong>fences, including all <strong>of</strong>fences associated withorganized criminal groups and all <strong>of</strong>fences that generate significant proceeds;“(c) States Parties implementing subparagraph (b) (ii) above shall furnish copiesor a description <strong>of</strong> their laws to the Secretary-General <strong>of</strong> the United Nations;“(d) [Still to be addressed in the issue <strong>of</strong> foreign predicate <strong>of</strong>fences; see thecurrent text <strong>of</strong> paragraph 2 (a)];“(e) If required by the basic principles <strong>of</strong> a State Party’s penal law, then it maybe provided that the <strong>of</strong>fences set forth in paragraph 1 <strong>of</strong> <strong>this</strong> article do not apply tothe persons who committed the predicate <strong>of</strong>fence;“(f) Knowledge, intent or purpose required as an element <strong>of</strong> an <strong>of</strong>fence set forthin that paragraph may be inferred from objective factual circumstances.” 41Mexico (A/AC.254/L.161)Mexico proposed to replace the text <strong>of</strong> paragraph 2 (b) <strong>of</strong> article 4 contained in <strong>document</strong>A/AC.254/L.149 with the following:“(b) States Parties shall include as predicate <strong>of</strong>fences all serious crimes asdefined in article 2 and the <strong>of</strong>fences established in articles 3, 4 ter and 17 bis <strong>of</strong> <strong>this</strong>Convention. In the case <strong>of</strong> States Parties whose legislation sets out a list <strong>of</strong> specificpredicate <strong>of</strong>fences, these shall, at a minimum, include a comprehensive range <strong>of</strong><strong>of</strong>fences associated with organized criminal groups;”Finland (A/AC.254/L.162)Finland proposed to amend paragraphs 2 (a) to (d) <strong>of</strong> article 4 as they appeared in <strong>document</strong>A/AC.254/L.149 to read as follows.“2. For purposes <strong>of</strong> implementing or applying paragraph 1 <strong>of</strong> <strong>this</strong> article:“(a) States Parties shall seek to apply paragraph 1 to the widest range <strong>of</strong> predicate<strong>of</strong>fences;“(b) States Parties shall include as predicate <strong>of</strong>fences all serious crimes [asdefined in articles 2 and 2 bis] and the <strong>of</strong>fences established in articles 3, 4 ter and40Depending on the outcome <strong>of</strong> discussions on article 2, the latter bracketed words might be replaced with the words“crimes covered by <strong>this</strong> convention”.41Current text <strong>of</strong> paragraph 2 (b).

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