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UNTOC Articles
Crime Type
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Organized Crime Convention
Trafficking in Persons Protocol
Smuggling of Migrants Protocol
Firearms Protocol
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Offending
Offending
Details
involved an organized criminal group (Article 2(a) CTOC)
occurred across one (or more) international borders (transnationally)
Juvenile offenders
Jurisdiction
Jurisdiction
Active principle of nationality (offence committed outside its territory by its nationals)
Passive principle of nationality (offence committed outside its territory against its nationals)
Effects doctrine (offence committed outside its territory over a conduct that produces substantial effects within the territory)
Principle of territoriality (offences committed upon one state’s territory, even if the offender is a foreign citizen)
Habitual residence (jurisdiction is established based on the place of habitual residence of the offender)
Protective jurisdiction (jurisdiction is established where a criminal act abroad is derogatory to the security of the state concerned and/or touches upon its vital interests)
Universal jurisdiction (jurisdiction is established over any person accused of committing grave international crimes e.g. piracy, war crimes, grave breaches of the Geneva Conventions)
On board a ship/vessel flying its flag
On board an aircraft registered under its laws
Legally binding international agreements
Liability
Liability
Liability for
completed offence
attempt
Liability based on
criminal intention
no criminal intent
Recklessness/negligence/strict liability
Conscious avoidance
Liability as involves
principal offender(s)
participant, facilitator, accessory
organiser/director
financier
legal persons (corporations)
Service providers/intermediary liability
Liability of legal persons
Criminal
Civil
Administrative
Modes (of liability)
Prosecution, Adjudication and Sanctions
Prosecution, Adjudication and Sanctions
Details
Access to legal aid and legal representation
Pre trial issues
Prosecutorial discretion
Pre-trial detention
Non-custodial measures
Trial and sentencing issues
Defences
Non-custodial sanctions
Custodial sanctions
Death penalty
Mitigating circumstances
Aggravating circumstances
Evidence (rules of)
Post-trial Issues
Non-custodial measures (e.g. early release/parole)
Post-release support and social reintegration
Establishment of criminal record
Investigation Procedure
Investigation Procedure
Involved Agencies
Confiscation and seizure of
Proceeds of crime derived from offences covered by the Convention
Property, equipment or other instrumentalities
Proceeds of crime transformed or converted into other property
Proceeds of crime intermingled with legitimately obtained property
Income or other benefits derived from the proceeds
Confiscation and Seizure Details
Currency
Conviction based
Non-conviction based
Measures
Identification, tracing, freezing and/or seizure of the proceeds and instrumentalities of crime
Shift burden of proof to defendant to show that alleged proceeds of crime were derived from legitimate sources
Access by competent authorities to bank, financial or commercial records
Disposal of confiscated proceeds of crime and property
Return of confiscated proceeds of crime or property to requesting State party for victims compensation
Return of confiscated proceeds of crime or property to requesting State party to return to legitimate owner(s)
Computer specific investigative measures
Seizure/Confiscation of hardware and/or software
Order for release of information from third party service providers
Collection of data through computer-specific investigation
Remote forensic tools
Transnational Assistance Requests to obtain digital data
Special investigative techniques
Special investigative techniques
Controlled delivery
Electronic or other forms of surveillance
Undercover operation(s)/ Assumed identities/ Infiltration
Informants
Law enforcement measures and cooperation
Exchange of information
Identity, whereabouts and activities of persons suspected
Movement of proceeds of crime or of property
Movement of property, equipment or other instrumentalities
Joint investigations
Financial investigations
Victims
Victims
Victims of crime
Details
Victims of crime
Gender considerations
Secondary Trauma/Secondary Victimization
Re-victimization
Child victimization
Forced recruitment of children and youth
Child orphans and/or children separated from their parents
Drug-related vulnerability
Early childhood victimization (0 to 6 years)
Rights
Access to Justice
Assistance and protection
Access to compensation and restitution for victims
Protection Measures
Decriminalisation
Opportunity to express views and concerns during criminal proceedings
Closed hearings
Physical protection
Repatriation of victims
Domestic or foreign relocation
Domestic evidentiary rules
Non-disclosure or limitations on the disclosure of information on identity and whereabouts or hearings
Sentence mitigation or immunity from prosecution
Cooperation with NGOs
Provision of shelter/ housing
Access to compensation and restitution for victims
Witnesses
Witnesses
Measures for justice collaborators
Sentence mitigation
Immunity from prosecution
Protection Measures
Physical protection
Non-disclosure or limitations on the disclosure of information on identity and whereabouts or hearings
Domestic or foreign relocation
Domestic evidentiary rules
Closed hearings of sensitive evidence
Opportunity to express views and concerns during criminal proceedings
Sentence mitigation or immunity from prosecution
Protection and security
Police protection
Judicial and procedural measures
Covert protection programmes
Other details
Protection offered to family/other relevant persons connected to the witness
International cooperation
International cooperation
Involved Countries
Legal basis
UNTOC
domestic law
legislation
Multilateral instrument (including regional)
bilateral treaty or agreement
Reciprocity/ comity
Joint investigation
Yes
No
Measures
Extradition
International cooperation for confiscation/asset recovery
Mutual legal assistance
Transfer of criminal proceedings
Transfer of sentenced person(s)
International law enforcement cooperation (including INTERPOL)
Preservation of computer Data
Direct contact with service providers
Joint Investigation
Extradition
Afforded by
Statute
Treaty or other agreement or arrangement (multilateral, regional or bilateral)
Virtue of reciprocity or comity
Dual criminality requirement
Yes
No
Extradition of nationals
Yes
No
Aut dedere aut judicare principle (extradite or prosecute)
Conditional surrender
Provisional arrest and detention pending extradition proceedings
Ground of refusal
Political offences, military offences, crimes against security, public order or other essential interest
Amnesty, statute of limitation or other immunity from prosecution
Discrimination clause
Humanitarian considerations
Death penalty, anticipated torture or inhuman or degrading treatment or punishment, political asylum, lack of fair trial assurances
Fiscal offences
Jurisdiction and extraterritoriality
Other grounds for refusal
Mutual legal assistance
Afforded by
Statute
Treaty or other agreement or arrangement (multilateral, regional or bilateral)
Virtue of reciprocity or comity
Dual criminality requirement
Yes
No
Mutual legal assistance types
Taking evidence or statements from persons
Effecting service of judicial documents
Executing searches and seizures, and freezing
Examining objects and sites
Providing information, evidentiary items and expert evaluations
Providing originals or certified copies of relevant documents and records, including government, bank, financial, corporate or business records
Identifying or tracing proceeds of crime, property, instrumentalities or other things of evidentiary purposes
Cooperation for the purposes of confiscation and disposal of confiscated proceeds of crime or property
Facilitating the voluntary appearance of persons in the requesting State party
Spontaneous transmission of information
International cooperation in the collection, preservation and exchange of electronic evidence (including preservation of Computer Data and Direct contact with service providers)
International cooperation for the protection of victims and witnesses (i.e. repatriation, status of victims, etc.)
International cooperation for the prevention of organized crime
Expedited assistance for electronic evidence
Preservation of computer Data
Network point of contact 24-7
Direct contact with service providers
Transfer of criminal proceedings
Yes
No
Transfer of sentenced persons
Yes
No
International law enforcement and police to police cooperation
National competent authorities
INTERPOL
Personnel posted abroad (Liaison officials, etc.)
Prevention
Prevention
Policies
Legislative measures
Institutions
Urban crime prevention
Youth crime/ youth gangs prevention
Groups at risk for crime
Risk factors
Protective factors
Resilience to crime
Local safety audits
Community policing
Crime prevention strategies and policies
Community-centred/community-based prevention
Recidivism prevention
Prevention of re-offending
Awareness raising
Role of civil society and private sector
Electronic Evidence
Electronic Evidence
Electronic Evidence/Digital Evidence
Gender considerations
Gender considerations
Details
Gender considerations
Toxic/hyper masculinity
Female principal offender
LGBTQI
Coordination
Coordination
National coordination bodies
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