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打击有组织犯罪中的国际合作

  Some of the main characteristic points of the convention are as follows:
  (a)Criminalization of money laundering of illicit proceeds from drug offences;
  (b)Forfeiture of illicit proceeds;
  (c)Forfeiture of all properties converted from illicit proceeds;
  (d)Freezing of forfeitable properties;(e)Execution of foreign sentence of forfeiture;
  (f)Freezing of forfeitable properties for foreign procedure.
  This convention aims at assisting UN member states in the control of drugs,forfeiture of illicit proceeds from drugs and international mutual assistance in the forfeiture of illicit proceeds.
  0ut 0f all UN.member countries,only 64 countries have ratified the convention. Countries of the participants in this course which have ratified the convention are:Japan,China,Chile,India,Sri Lanka,Nepal and Pakistan.
  As a result of this convention,some countries have already enacted statute laws which provide for criminalization of money laundering and mutual assistance in the execution of foreign sentences of forfeiture and freezing for foreign countries.Assistance to foreign countries is given in accordance with laws for international mutual assistance in criminal investigation.
  The new law of Japan,for example,the law for special measures of narcotic and psychotropic substance and other related laws to prevent activities promoting illicit trafficking of controlled drugs under international cooperation 1991 provides for criminalization of money laundering and forfeiture or freezing of illicit proceeds and execution of foreign sentences of forfeiture and freezing for foreign countries.Under this law, financial institutions are required to report suspicious transactions to the Ministry of Finance.
  However,assistance is restricted to drug related offences and can be rendered under the principle of dual criminality.
  There are few other countries which have domestic laws on forfeiture of illicit proceeds and laws on international mutual assistance which provide for execution of requests of seizure and forfeiture for foreign countries.
  In Thailand.the new law known as “Act on measures for the suppression of offences relating to narcotics 1992”, provides for criminalization of money laundering and forfeiture or freezing of illicit proceeds of crime relating to narcotics and for the first time,prescribes conspiracy relating to narcotics as an offence punishable under the law.
  It is important for all states to adopt same measures in order to fight drug trafficking and its illicit proceeds effectively.
  B.International Cooperation on the Transfer of Proceedings
  Another model treaty which was adopted by the United Nations in its 8th Congress held in Havana,Cuba 1990,is on the transfer of proceedings,also aimed at helping member states to attain international co-operation to combat organized crime.
  Under this model treaty,when a person is suspected of having committed an offence under the law of a certain state,which is a contracting party,that state may request another state which is also a contracting party to take proceedings in respect of this offence.
  One of the requirements under this treaty is that a suspected person should be ordinarily a resident or a national of the requested state.
  The basic purpose of the transfer of proceedings is that:
  (a)An early return of foreign offenders to their home countries is likely to improve social rehabilitation based on the local conditions pertaining in the state of the offender;
  (b)To reduce prison population in the requesting state;
  (c)In their home countries,offenders have a wider chance of being heard and defended,thus protecting the fundamental human rights of an individual.
  The model treaty also provides that acceptance of a request for transfer of proceedings may be refused by the requested state if:
  (1)The suspected person is not a national or ordinary resident in the requested state;
  (2)The act is an offence under military law,which is not also an offence under ordinary criminal law;
  (3)The offence is in connection with taxes,duties,customs or exchange;
  (4)The offence is regarded by the requested state as being of political nature;
  (5)The act upon which request is based,would not be an offence if committed in the requested state.
  If the suspected person is held under custody in a requesting state,he may ex- press his interest to the transfer of proceedings or the requesting state shall allow him to present his views on the offence and transfer of proceedings unless he has absconded.
  When the requested state accepts the request to take proceedings,the requesting state may continue to render judicial assistance or assistance in any further investigation until the requesting state is informed that the case is finally disposed.
  After going through all the provisions of the model treaty,members of the group workshop made an account of the situation in their respective countries.Most of the member countries have no statute law for transfer of proceedings except Thailand which under the International Mutual Assistance Act 1992,gives foreign states the right to request Thailand to initiate prosecutions of its nationals.
  However members of the group agreed that, international cooperation on this aspect is very vital, but again Japan expressed doubt on the admissibility of evidence collected in a foreign country as explained earlier.
  But looking at different articles of the model treaty, this doubt can be cured by revising the domestic laws in accordance with Article 11 which provides that:
  “As far as compatible with the law of the Requested State,any act with a view to proceedings or procedural requirements performed in the requesting state in accordance with its law shall have the same validity in the Requested State,as if the act had been performed in or by the authorities of that State.”


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