Convention against Transnational Organized Crime

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Convention against Transnational
Organized Crime
Short title: Palermo Convention
Title (engl.): United Nations Convention against transnational organized crime
Date: November 15, 2000
Come into effect: September 29, 2003
Reference: CHAPTER XVIII Treaty 18 UNTS
(English text) (PDF; 133 kB)
Reference (German): SR 0.311.54 ,
Federal Law Gazette 2005 II pp. 954, 956 (in three languages)
Contract type: Multinational
Legal matter: Criminal law
Signing: 147 (June 3, 2018)
Ratification : 189 (June 3, 2018)
European Union: Ratification (September 15, 2005)
Germany: Ratification (June 14, 2006)
Liechtenstein: Ratification (May 20, 2008)
Austria: Ratification (September 23, 2004)
Switzerland: Ratification (October 27, 2006)
Please note the note on the applicable contract version .

The Convention against Transnational Organized Crime adopted by the UN General Assembly on November 15, 2000 (also known as the Palermo Convention because it was open for signature from December 12 to 15, 2000 in Palermo (Italy)) is a milestone in the international cooperation in this field. For the first time, the prevention and fight against organized crime was globally regulated in an international treaty and the legal basis for international legal assistance , extradition and police cooperation was created. The aim is to harmonize national laws and to set uniform standards for domestic law, and to intensify cooperation between states in the fight against organized crime.

In addition to the convention, the following protocols were adopted by the UN General Assembly:

  • Protocol of November 15, 2000 against the smuggling of migrants by land, sea and air ("Smuggling" protocol)
  • Protocol of November 15, 2000 to prevent, combat and punish human trafficking , especially women and children ("Human Trafficking Protocol")
  • Protocol of May 31, 2001 against the unauthorized manufacture of firearms, their parts and components and ammunition and against the illicit trade in them ("Firearms" protocol)

content

The most important aim of the convention is to create a minimum standard of rules and measures for international cooperation. The contracting parties undertake to declare participation in a criminal organization and money laundering to be a criminal offense. You must also check whether active and passive corruption by foreign officials should be punished. Furthermore, legal persons must be able to be prosecuted under criminal, civil or administrative law. Assets obtained through tort must be able to be confiscated by the criminal authorities.

Firearms Protocol

The aim of the Firearms Protocol is the comprehensive prevention, control and elimination of the illicit manufacture and illicit trade in firearms , their parts and components as well as ammunition . The individual marking of firearms, the registration of firearms and, where appropriate, the registration of associated parts and components as well as ammunition serve as preventive means. Further goals are reliable export, import and transit control measures and increased cooperation and the exchange of information between the participating states on a bilateral, regional and international level. Repressive measures are intended to result in more stringent criminal provisions, the confiscation and, as a rule, destruction of illegally circulating firearms, their parts and components and ammunition.

The firearms protocol was approved by 51 States and the European Union signed (which in 2008 a change in the EC Weapons Directive led). The scope of application of the UN Firearms Protocol therefore currently includes 79 countries. Of the permanent members of the UN Security Council , only the United Kingdom and China have signed the protocol; neither of these two countries has yet ratified it.

To implement this, the United Nations' Small Arms Action Program was adopted in 2001, partly under pressure from civil society .

literature

  • Patrick M. Pintaske: The Palermo Convention and its influence on German criminal law. An investigation into the UN Convention against Transnational Organized Crime and its Additional Protocols. 1st edition. Universitätsverlag Osnabrück at V&R unipress, 2014. ISBN 978-3-8471-0353-0

Individual evidence

  1. UN Treaty Series: https://treaties.un.org/pages/ViewDetails.aspx?src=TREATY&mtdsg_no=XVIII-12&chapter=18&clang=_en
  2. Approval Act: BGBl. 2005 II p. 954 , announcement of the entry into force: BGBl. 2007 II p. 1348
  3. United Nations Convention against Transnational Organized Crime. In: Liechtenstein Collection of Laws . Retrieved March 27, 2019 .
  4. BGBl. 2005 II p. 954, 1007
  5. BGBl. 2005 II pp. 954, 995
  6. The text of this section comes from the page no longer retrievable in whole or in part , search in web archives: Message of May 25, 2011  ( page no longer accessible , search in web archivesInfo: The link was automatically marked as defective. Please check the link according to the instructions and then remove this notice. of the Swiss Federal Council regarding the approval and implementation of the UN Firearms Protocol (Draft I) and the amendment to the Weapons Act (Draft II), BBl 2011 4555ff., pp. 4565f. According to Art. 5 Para. 1 let. c of the Swiss Copyright Act as a report by an authority does not affect copyright protection.@1@ 2Template: Dead Link / www.bag.admin.ch@1@ 2Template: Dead Link / www.bag.admin.ch  

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