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打击有组织犯罪中的国际合作

  E.Extraditable Offences
  In some countries,like most commonwealth countries, offences upon which both states agree to be extraditable are enumerated in the extradition treaty and legislations.In other countries extraditable offences are determined by placing certain limits of punishment.For example certain treaties stipulate offences whose punishment is not below three years imprisonment as a requirement for an extraditable offence.
  The members of group 4 noted some difficulties in both approaches.Treaties/ Legislations which enumerate extraditable offences, may face the difficulty of equal definition and interpretation by both states. And the placing of limits on punishment also depends on whether one state views the offence as serious,because punishment should equal the seriousness of the offence,and this also depends on the society and economic values of the state.
  However the group agreed that the determination of extraditable offences should be up to the discretion of the contracting states,provided that the process of surrender of fugitive criminals is effected.
  Alternatively the group noted further that,under the immigration laws of most member states,a fugitive offender can be refused entry and deported to his country on information from a requesting state that the criminal committed or was convicted of an offence.This can only be possible where there is good cooperation on the exchange of information between the countries concerned.
  (2)Hot Pursuit of Fugitive Offenders
  Another kind of international cooperation which is very much related to extradition is “Hot Pursuit”.
  Hot Pursuit 1iterally means the pursuing of a person who has committed an offence in one country and runs to another country in order to evade arrest or prosecution.The pursuit is done by police of a country in which the offence is committed.
  Tanzania for example has legislation known as the Hot Pursuit(fugitive offenders)Act(No.1 of 1969) which calls for neighboring states to make agreements of pursuit of fugitives or offenders in their region.
  So far Tanzania has made agreements under this law with Kenya and Uganda which also have similar laws.Thailand has made agreements with Malaysia and they have established joint authorities who have the duty to control and suppress organized crimes like customs evasion,trafficking in human beings,etc.committed along Thailand—Malaysia borders.
  Members of the group expressed their views and indicated that the principle of Hot Pursuit does not exist in many group member states but unanimously agreed that it is vital in order to promote international cooperation and deal effectively with criminals who think they can evade punishment by seeking shelter in other states.
  (3)Mutual Assistance in Criminal Matters(Investigations)
  A.Mutual Assistance in Investigation
  Mutual assistance in criminal investigations is another kind of international cooperation.
  All members of the group agreed on the necessity and usefulness of international cooperation relating to investigations,because investigations into a certain country cannot be done by foreign investigators on the principle of jurisdiction and territorial sovereignty of states.
  Being aware of the escalation of organized crime,both national and transnational and recognizing the importance of mutual assistance in criminal matters as the only effective way of dealing with complex aspects of international organized crime,the United Nations adopted a model treaty on mutual assistance in criminal matters as a useful framework that could be of assistance to states interested in concluding bilateral agreements aimed at improving cooperation in matters of crime prevention.The model treaty spells out among other things,the scope of assistance,contents of requests for assistance,grounds for refusal of assistance,etc.
  Discussion on this topic started with each member of the group explaining the position of his/her country as follows:
  Tanzania
  Tanzania has legislation on mutual assistance in criminal matters(Act No.24 of 1991).Under this act,when the Minister for Justice is satisfied that reciprocal provisions have been made by any foreign country to facilitate the provision to Tanzania of assistance in criminal matters,he may by order published in the gazette declare that the provision of this act shall, subject to such condition and modifications,apply in relation to such foreign country.
  The scope of mutual assistance rendered includes:
  (a)The obtaining of evidence,documents or other articles;
  (b)The provision of documents and other records;
  (c)The location and identification of witnesses or suspects;
  (d)The execution of requests for search and seizure;
  (e)The making of arrangements for persons to give evidence or assist in investigations;
  (f) The forfeiture or confiscation of property in respect of offences;
  (g)The recovery of pecuniary penalties in respect of offences;
  (h)The interdicting of dealing in property,or the freezing of assets,that may be forfeited or confiscated,or that may be needed to satisfy pecuniary penalties imposed,in respect of offences;
  (i)The location of property that may be forfeited,or that may be needed to satisfy pecuniary penalties imposed, in respect of offences;and
  (j)The service of documents.
  But a request shall(mandatory)be refused if in the opinion of the Attorney General:
  (a)The request relates to the prosecution or punishment of a person for an offence that is,by reason of the circumstances in which it is alleged to have been committed or was committed,an offence of a political character;
  (b)There are reasonable grounds for believing that the request was made for prosecuting,punishing or otherwise causing prejudice to a person on account of the person’s race,sex,religion,nationality or political opinions;or


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