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打击有组织犯罪中的国际合作

  Finally the group recommends that because extradition,mutual assistance in investigations and transfer of proceedings are closely connected to each other,states enacting their laws on mutual assistance should consider and take into account these three matters as one package.
  C.Transfer of Supervision of Offenders
  Another UN model treaty relating to international co-operation is on the transfer of supervision of offenders.
  Under this treaty,where a person is convicted and sentenced,the sentencing state may request another state(administering state)in which the accused is a national, to take responsibility for applying the terms of the decision(transfer of supervision).
  Transfer of supervision can be effected in the following conditions:
  (1)If the person is convicted and placed on probation without sentence having been pronounced;
  (2)Given a suspended sentence involving deprivation of liberty;
  (3)Given a sentence,the enforcement of which has been modified(parole)or conditionally suspended,in whole or in part,either at the time of the sentence or subsequently.
  The requested state may refuse acceptance of transfer of supervision of offenders where:
  (1)The act on which the request is based is not an offence in both states (dual criminality);
  (2)The sentenced person is not an ordinary resident in the administering state;
  (3)The act is an offence under military law (not also an offence under ordinary criminal law);
  (4)The offence is in connection with taxes, duties,customs and exchange;
  (5)If the offence is regarded by the administering state as being of a political nature.
  The reasons for the adoption of the model treaty are explained in the preamble as follows:
  (1)Transfer of supervision can contribute to an increase in the use of alternatives to imprisonment;
  (2)Supervision in the home country of the offender contributes to an earlier and more effective reintegration into society(social rehabilitation)than in a foreign country where the offender has no roots.
  Discussing whether this cooperation can effectively control transnational organized crimes,members of the group first explained that,none of their countries have statute laws on the subject and unanimously agreed that this model treaty is suitable to people who commit ordinary simple crimes and are sentenced or placed on probation or parole.
  The group added further that such treaties are not suitable to hardcore criminals who are supposed to be dealt with more seriously and effectively in prisons.
  D.Transfer of Foreign Prisoners
  Related to the model treaty on transfer of supervision of offenders,is a model agreement on the transfer of foreign prisoners adopted by the 7th UN Congress in Milan in 1985 and adopted by the general assembly.
  It is believed that the social resettlement of offenders should be promoted by quickly facilitating the return of persons convicted of crime abroad to their home country to serve their sentence.
  The transfer may be requested by either the sentencing state or administering state and an opportunity must be given to verify the free consent of the prisoner.
  It is a general rule that the prisoner shall have at least six months of the sentence remaining to be served.
  Costs of transfer shall be borne by the administering state which may also adopt the sanction to the punishment prescribed by its own law for the offence(but imprisonment shall not be converted to a pecuniary sanction).
  Among all the member group countries, Thailand has a statute law on the transfer of prisoners called The Act of International Cooperation and Execution of Penal Sanction,1984.Besides this law,Thailand has made treaties with USA.,Canada, Spain,Italy,France and Portugal.There are 4 French and 4 Americans eligible for transfer under this law.
  Members of the group noted with concern that an agreement by the administering state on the transfer of prisoners should be aimed at dealing with the criminal severely,fully making use of the provision which says that:
  “In the case of continued enforcement,the administering state shall be bound by the sentence determined by sentencing state.It may however adapt the sanction to the punishment prescribed by its own law for the offence, but a sentence involving deprivation of liberty shall not be converted to a pecuniary sanction.”
  (4)Interpol(ICPO)
  Discussing international cooperation through international organizations,members of the group agreed that,international organizations like International Criminal Police Organizations(ICPO)play a big role in the international struggle against organized cross border crimes.It was stated further that Interpol with more than 150 member states plays a leading role in promoting utmost mutual cooperation among the criminal police organizations.The organization has 4 specified bureaus dealing with economic crimes,drug problems,terrorism and counterfeit of currencies.
  The organization meets annually and discusses the problems of crime and develops mechanisms useful for the prevention and suppression of crime in its general assembly. The channels of Interpol through “international notices system” and “broadcasting system” are very important and effective in the exchange of information and inquiries.The notice system is used in apprehending,locating and checking suspects, witnesses,dead persons,and stolen property and disseminating photographs,and other records of criminals to member states for information or action.
  The exchange of information/inquiries are processed either by direct transmission of messages between the National Central Bureaus(NCBs)of member state police or through the secretariat.
  However some members pointed out the attitude of some member states of not responding promptly to inquiries from other member states.The group stressed the importance of quick response to inquiries so as to have a coordinated effort in the fight against international organized crimes.


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