On the ratification of the United Nations Convention against Transnational Organized Crime

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Law of the Republic of Kazakhstan dated June 4, 2008 No. 40-IV

To ratify the United Nations Convention against Transnational Organized Crime, signed in Palermo on December 13, 2000.

President of the Republic of Kazakhstan N. Nazarbayev

UNITED NATIONS CONVENTION AGAINST TRANSNATIONAL ORGANIZED CRIME

UNITED NATIONS 2000

UNITED NATIONS CONVENTION AGAINST TRANSNATIONAL ORGANIZED CRIME

Article 1 Purpose

The purpose of this Convention is to promote cooperation in the more effective prevention and combating of transnational organized crime.

Article 2 Terms

For the purposes of this Convention:

(a) "Organized criminal group" means a structured group consisting of three or more persons that exists for a certain period of time and acts in concert with the aim of committing one or more serious crimes or offences established in accordance with this Convention in order to obtain, directly or indirectly, financial or other material benefits;

(b) "Serious offence" means an offence punishable by imprisonment for a maximum term of at least four years or a more severe penalty;

(c) "Structured group" means a group that was not accidentally formed for the immediate commission of a crime and in which the roles of its members are not necessarily formally defined, the continuous nature of membership is stipulated, or a developed structure has been established.;

d) "property" means any assets, whether tangible or intangible, movable or immovable, expressed in things or rights, as well as legal documents or acts confirming the right to such assets or interest in them;

(e) "Proceeds of crime" means any property acquired or obtained, directly or indirectly, as a result of the commission of a crime;

(f) "Seizure" or "seizure" means the temporary prohibition of the transfer, transformation, alienation or movement of property, or the temporary taking possession of such property, or the temporary exercise of control over it by order of a court or other competent authority;

(g) "Confiscation" means the final deprivation of property by order of a court or other competent authority;

(h) "Predicate offence" means any offence resulting in the receipt of proceeds in respect of which the offences referred to in article 6 of this Convention may be committed.;

(i) "Controlled delivery" means a method by which illegal or suspicious shipments are allowed to be exported, transported or imported into the territory of one or more States with the knowledge and under the supervision of their competent authorities in order to investigate a crime and identify those involved in the commission of that crime;

(j) "Regional economic integration organization" means an organization established by sovereign States of a region to which its member States have delegated authority in matters governed by this Convention and which is duly authorized, in accordance with its internal procedures, to sign, ratify, accept, approve or accede to this Convention; references in Under this Convention, "States Parties" refer to such organizations within the limits of their competence.

Article 3 Scope of application

1. Unless otherwise specified in this Convention, this Convention applies to the prevention, investigation and prosecution of:

(a) Offences established in accordance with articles 5, 6, 8 and 23 of this Convention, and

(b) Serious crimes, as defined in article 2 of this Convention, if these crimes are of a transnational nature and committed with the participation of an organized criminal group.

2. For the purpose of paragraph 1 of this article, an offence is transnational in nature if:

a) it was committed in more than one State;

b) it is committed in one State, but a significant part of its preparation, planning, management or control takes place in another State.;

c) it was committed in one State, but with the participation of an organized criminal group that carries out criminal activities in more than one State; or

d) it was committed in one State, but its significant consequences take place in another State.

Article 4 Protection of sovereignty

1. The Participating States shall implement their obligations under this Convention in accordance with the principles of sovereign equality and territorial integrity of States and the principle of non-interference in the internal affairs of other States.

2. Nothing in this Convention shall entitle a State Party to exercise in the territory of another State jurisdiction and functions that fall solely within the competence of the authorities of that other State in accordance with its domestic law.

Article 5 Criminalization of participation in an organized criminal group

1. Each State Party shall adopt such legislative and other measures as may be necessary to establish as criminal offences the following acts, when committed intentionally:

a) both or one of the following acts, without referring them to the attempted commission of a crime and regardless of the actual commission of a criminal act:

(i) Conspiracy with one or more persons to commit a serious crime with a purpose directly or indirectly related to obtaining financial or other material benefits, and, if provided for by domestic law, it is also assumed that one of the participants in the conspiracy has actually committed any act to implement this conspiracy or the involvement of an organized criminal group;

(ii) The acts of any person who, with awareness of either the purpose and general criminal activities of an organized criminal group or its intention to commit the relevant crimes, takes an active part in:

but. criminal activity of an organized criminal group;

b. other activities of an organized criminal group with the understanding that its participation will contribute to the achievement of the above-mentioned criminal purpose;

(b) Organizing, directing, aiding, abetting, assisting or giving advice in relation to a serious crime committed with the participation of an organized criminal group.

2. The awareness, intention, intent, purpose or collusion referred to in paragraph 1 of this article may be established from the objective factual circumstances of the case.

3. States Parties whose domestic legislation provides for the involvement of an organized criminal group as an element of the offences established in accordance with paragraph 1 (a) (i) of this article shall ensure that their domestic legislation classifies as serious offences all offences committed with the participation of organized criminal groups. Such States Parties, as well as States Parties whose domestic legislation constitutes an element of the offences established in accordance with paragraph 1 (a)(i) this article provides for the actual commission of an act of collusion, shall inform the Secretary-General of the United Nations thereof at the time of their signature of this Convention or when depositing their instrument of ratification, acceptance, approval or accession.

Article 6 Criminalization of laundering of proceeds of crime

1. Each State Party shall adopt, in accordance with fundamental principles of its domestic law, such legislative and other measures as may be necessary to establish as criminal offences the following acts, when committed intentionally:

(a) (i) The conversion or transfer of property, if it is known that such property is proceeds of crime, in order to conceal or conceal the criminal source of that property or to assist any person involved in the commission of the predicate offense so that he or she can evade responsibility for his or her actions;

ii) concealment or concealment of the true nature, source, location, method of disposal, movement, rights to property or its affiliation, if it is known that such property is proceeds of crime;

(b) Subject to compliance with the basic principles of its legal system:

i) the acquisition, possession or use of property, if it is known at the time of its receipt that such property constitutes proceeds of crime;

(ii) Participation, complicity or conspiracy to commit any of the crimes established in accordance with this article, an attempt to commit it, as well as aiding, abetting, assisting or advising in its commission.

2. For the purposes of implementing or applying paragraph 1 of this article:

(a) Each State Party shall endeavour to apply paragraph 1 of this article to the widest range of predicate offences;

(b) Each State Party shall include as predicate offences all serious offences as defined in article 2 of this Convention and the offences established in articles 5, 8 and 23 of this Convention. Where the legislation of the Participating States contains a list of specific predicate offences, it includes, at a minimum, a comprehensive range of offences related to the activities of organized criminal groups.;

(c) For the purposes of subparagraph (b), predicate offences include offences committed both within and outside the jurisdiction of the State Party concerned. However, crimes committed outside the jurisdiction of a State Party constitute predicate offences only if the act in question is criminalized under the domestic law of the State in which it was committed and would be criminalized under the domestic law of the State Party in which this article is implemented or applied if It was done in him;

(d) Each State Party shall submit to the Secretary-General of the United Nations the texts of its laws implementing the provisions of this article, as well as the texts of any subsequent amendments to such laws or their descriptions.;

(e) If required by the fundamental principles of the domestic law of a State Party, it may be provided that the offences referred to in paragraph 1 of this article do not apply to the perpetrators of the predicate offence.;

(f) Awareness, intent or purpose as elements of the offence referred to in paragraph 1 of this article may be established from the objective factual circumstances of the case.

Article 7 Anti-money laundering measures

1. Each Participating State:

(a) Establish a comprehensive internal regulatory and supervisory regime for banks and non-bank financial institutions, as well as, where appropriate, other bodies that are particularly vulnerable to money laundering, within their competence, in order to prevent and detect all forms of money laundering, based on the requirements of regarding customer identification, reporting, and providing information about suspicious transactions;

(b) Without prejudice to articles 18 and 27 of this Convention, ensure that administrative, regulatory, law enforcement and other anti-money laundering authorities (including, where appropriate, judicial authorities) are able to cooperate and exchange information at the national and international levels on the terms, established by its domestic legislation, and for these purposes is considering the establishment of a financial intelligence unit., which will act as a national center for the collection, analysis and dissemination of information related to possible cases of money laundering.

2. The Participating States shall consider applying practicable measures to detect and control the movement of cash and related negotiable instruments across their borders, subject to safeguards aimed at ensuring the proper use of information and without creating any obstacles to the movement of legitimate capital. Such measures may include requiring individuals and businesses to report cross-border transfers of significant amounts of cash and transfers of related negotiable instruments.

3. When establishing an internal regulatory and supervisory regime in accordance with the provisions of this article and without prejudice to any other article of this Convention, States Parties are invited to be guided by relevant initiatives of regional, interregional and multilateral organizations aimed at money laundering.

4. The Participating States shall strive to develop and promote global, regional, sub-regional and bilateral cooperation between judicial and law enforcement authorities, as well as financial regulatory authorities, in order to combat money laundering.

Article 8 Criminalization of corruption

1. Each State Party shall adopt such legislative and other measures as may be necessary to establish as criminal offences the following acts, when committed intentionally:

a) promising, offering or granting to a public official, personally or through intermediaries, any undue advantage for the official himself or another natural or legal person, so that this official commits any act or omission in the performance of his official duties;

(b) Extorting or accepting by a public official, personally or through intermediaries, any undue advantage for the official himself or another natural or legal person in order for that official to commit any act or omission in the performance of his official duties.

2. Each State Party shall consider adopting such legislative and other measures as may be necessary to establish as criminal offences the acts referred to in paragraph 1 of this article when they involve a foreign public official or an international civil servant. Each State Party is also considering criminalizing other forms of corruption.

3. Each State Party shall also take such measures as may be necessary to establish as a criminal offence participation as an accomplice in the commission of an offence established in accordance with this article.

4. For the purposes of paragraph 1 of this article and article 9 of this Convention, a "public official" is a public official or a person providing a public service as defined in the domestic law of the State Party in which the person performs such functions and as applied in the criminal law of that State Party.

Article 9 Measures against corruption

1. In addition to the measures set out in article 8 of this Convention, each State Party shall, to the extent required and consistent with its legal system, take legislative, administrative or other effective measures to promote integrity and to prevent, detect and punish corruption among public officials.

2. Each State Party shall take measures to ensure effective action by its authorities in preventing, detecting and punishing corruption among public officials, including by providing such authorities with sufficient independence to prevent undue influence on their actions.

Article 10 Liability of legal entities

1. Each State Party shall take such measures as, taking into account its legal principles, may be necessary to establish the liability of legal persons for participation in serious crimes involving an organized criminal group and for offences established in accordance with articles 5, 6, 8 and 23 of this Convention.

2. Subject to the legal principles of the Participating State, the liability of legal entities may be criminal, civil or administrative.

3. The imposition of such responsibility does not prejudice the criminal liability of individuals who have committed crimes.

4. Each State Party shall, in particular, ensure that legal entities held accountable in accordance with this article are subject to effective, proportionate and dissuasive criminal or non-criminal sanctions, including monetary sanctions.

Article 11 Prosecution, adjudication and sanctions

1. Each State Party shall provide for the application of sanctions for the commission of an offence established in accordance with articles 5, 6, 8 and 23 of this Convention, which take into account the degree of danger of that offence.

2. Each State Party shall endeavour to ensure that any discretionary legal powers provided for in its domestic law relating to the prosecution of persons for offences covered by this Convention are used to maximize the effectiveness of law enforcement measures in relation to these offences and with due regard to the need to prevent the commission of such offences.

3. With regard to offences established in accordance with articles 5, 6, 8 and 23 of this Convention, each State Party shall take appropriate measures, in accordance with its domestic law and with due regard to the rights of the defence, to ensure that the conditions imposed in connection with decisions on release pending trial or before When making a decision on a cassation appeal or protest, they took into account the need to ensure the presence of the accused during subsequent criminal proceedings.

4. Each State Party shall ensure that its courts or other competent authorities take into account the dangerous nature of the offences covered by this Convention when considering the possibility of early or conditional release of persons convicted of such offences.

5. Each State Party shall, as appropriate, establish, in accordance with its domestic law, a long statute of limitations for the initiation of criminal proceedings for any offence covered by this Convention and a longer statute of limitations in cases where the person suspected of having committed the offence is evading justice.

6. Nothing contained in this Convention shall affect the principle that the definition of offences established in accordance with this Convention and applicable legal objections or other legal principles determining the lawfulness of acts are within the scope of the domestic law of each State Party, and the prosecution and punishment of such offences shall be carried out in accordance with with this legislation.

Article 12 Confiscation and seizure

1. States Parties shall take, to the maximum extent possible within their domestic legal systems, such measures as may be necessary to ensure the possibility of confiscation.:

(a) Proceeds of offences covered by this Convention or property whose value corresponds to that of such proceeds;

(b) Property, equipment or other means used or intended to be used in the commission of offences covered by this Convention.

2. States Parties shall take such measures as may be necessary to enable the identification, tracing, seizure or seizure of any of the items listed in paragraph 1 of this article for the purpose of subsequent confiscation.

3. If proceeds of crime have been converted or transformed, partially or completely, into other property, the measures specified in this article shall be applied to such property.

4. If the proceeds of crime have been attached to property acquired from legitimate sources, that part of the property corresponding to the estimated value of the attached proceeds of crime shall be subject to confiscation, without prejudice to any powers relating to seizure or seizure.

5. The measures specified in this article shall also apply to profits or other benefits derived from proceeds of crime, from property into which proceeds of crime have been converted or transformed, or from property to which proceeds of crime have been attached, in the same manner and to the same extent as with respect to proceeds of crime.

6. For the purposes of this article and article 13 of this Convention, each State Party shall authorize its courts or other competent authorities to order the production or seizure of banking, financial or commercial documents. The Participating States shall not shy away from taking measures in accordance with the provisions of this paragraph, referring to the need to preserve banking secrecy.

7. States Parties may consider the possibility of requiring the perpetrator to prove the lawful origin of the alleged proceeds of crime or other property subject to confiscation, to the extent that such a requirement is consistent with the principles of their domestic law and the nature of judicial and other proceedings.

8. The provisions of this article shall not be interpreted as prejudice to the rights of bona fide third parties.

9. Nothing contained in this article shall affect the principle that the measures referred to therein are determined and implemented in accordance with and subject to the provisions of the domestic law of a State Party.

Article 13 International cooperation for purposes of confiscation

1. A State Party that has received from another State Party under whose jurisdiction an offence covered by this Convention falls a request to confiscate, to the maximum extent possible, proceeds of crime, property, equipment or other means of committing offences referred to in paragraph 1 of article 12 of this Convention, possible within the framework of its domestic legal system:

(a) Forward the request to its competent authorities in order to obtain a confiscation order and, if such an order is issued, enforce it; or

(b) Transmit to its competent authorities a confiscation order issued by a court in the territory of the requesting State Party in accordance with paragraph 1 of article 12 of this Convention, with a view to enforcement to the extent specified in the request and to the extent it relates to proceeds of crime located in the territory of the requested State Party, property, equipment or other means of committing crimes referred to in paragraph 1 of article 12.

2. Upon receipt of a request from another State Party under whose jurisdiction an offence covered by this Convention falls, the requested State Party shall take measures to identify, trace, seize or seize proceeds of crime, property, equipment or other means of committing offences referred to in paragraph 1 of article 12 of this Convention, with for the purpose of subsequent confiscation ordered either by the requesting State Party or, as requested under paragraph 1 of this article., by the requested State Party.

3. The provisions of article 18 of this Convention shall apply mutatis mutandis to this article. In addition to the information specified in paragraph 15 of article 18, requests sent on the basis of this article contain:

(a) In the case of a request provided for in paragraph 1 (a) of this article, a description of the property to be confiscated and a statement of the facts referred to by the requesting State Party that are sufficient to enable the requested State Party to take measures to issue an order in accordance with its domestic law;

(b) In the case of a request provided for in paragraph 1 (b) of this article, a legally permissible copy of the confiscation order issued by the requesting State Party on which the request is based, a statement of facts and information regarding the scope of the requested statement of facts and information regarding the scope of the requested enforcement order;

(c) In the case of a request provided for in paragraph 2 of this article, a statement of the facts referred to by the requesting State Party and a description of the requested measures.

4. The decisions or measures provided for in paragraphs 1 and 2 of this article shall be taken by the requested State Party in accordance with the provisions of its domestic law and its procedural rules or any bilateral or multilateral treaties, agreements or arrangements by which it may be bound in relations with the requesting State Party, and subject to their observance..

5. Each State Party shall submit to the Secretary-General of the United Nations the texts of its laws and regulations implementing the provisions of this article, as well as the texts of any subsequent amendments to such laws and regulations or their descriptions.

6. If any State Party wishes to make the measures referred to in paragraphs 1 and 2 of this article conditional on the existence of a relevant treaty, that State Party shall consider this Convention to be the necessary and sufficient legal framework.

7. Cooperation may be refused by a State Party in accordance with this article if the offence to which the request relates is not an offence covered by this Convention.

8. The provisions of this article shall not be interpreted as prejudice to the rights of bona fide third parties.

9. The Participating States shall consider the possibility of concluding bilateral or multilateral treaties, agreements or arrangements to enhance the effectiveness of international cooperation carried out in accordance with this article.

Article 14 Disposal of confiscated proceeds of crime or property

1. Proceeds of crime or property confiscated by a State Party pursuant to article 12 or paragraph 1 of article 13 of this Convention shall be disposed of by that State Party in accordance with its domestic law and administrative procedures.

2. When acting on a request made by another State Party in accordance with article 13 of this Convention, States Parties shall, to the extent permitted by domestic law and, if so requested, give priority consideration to the return of confiscated proceeds of crime or property to the requesting State Party in order to It could provide compensation to victims of crime or return such proceeds of crime or property to their rightful owners.

3. Acting upon a request sent by another State Party in accordance with articles 12 and 13 of this Convention, a State Party may specifically consider the possibility of concluding agreements or arrangements on:

(a) Transferring an amount corresponding to the value of proceeds of crime or property, or funds received as a result of the sale of such proceeds or property or part thereof, to an account designated for this purpose in accordance with paragraph 2 (c) of article 30 of this Convention, or to intergovernmental bodies specializing in combating organized crime;

(b) The transfer to other States Parties, on a regular or ad hoc basis, of part of the proceeds of crime or property, or funds derived from the sale of such proceeds or property, in accordance with their domestic legislation or administrative procedures.

Article 15 Jurisdiction

1. Each State Party shall take such measures as may be necessary to establish its jurisdiction over the offences established in accordance with articles 5, 6, 8 and 23 of this Convention when:

(a) The offence is committed in the territory of that State Party; or

(b) The offence was committed on board a ship that was flying the flag of that State Party at the time of the commission of the offence or an aircraft that was registered under the laws of that State Party at that time.

2. Subject to article 4 of this Convention, a State Party may also establish its jurisdiction over any such offence when:

(a) The offence is committed against a national of that State Party;

(b) The offence is committed by a national of that State Party or a stateless person who has his or her habitual residence in its territory; or

c) Crime:

(i) Is one of the offences established in accordance with paragraph 1 of article 5 of this Convention and is committed outside its territory with the aim of committing a serious offence on its territory;

(ii) Is one of the offences established in accordance with paragraph 1 (b) (ii) of article 6 of this Convention and is committed outside its territory for the purpose of committing an offence established in accordance with paragraph 1 (a) (i) or (ii) or (b)(i) Article 6 of this Convention, in its territory.

3. For the purposes of paragraph 10 of article 16 of this Convention, each State Party shall take such measures as may be necessary to establish its jurisdiction over the offences covered by this Convention when a person suspected of having committed an offence is present in its territory and it does not extradite such person solely on the grounds that he is one of its citizens.

4. Each State Party may also take such measures as may be necessary to establish its jurisdiction over the offences covered by this Convention when a person suspected of having committed an offence is present in its territory and it does not extradite him.

5. If a State Party exercising its jurisdiction under paragraph 1 or 2 of this article receives notification or otherwise learns that one or more other States Parties are conducting investigations, prosecutions or judicial proceedings in connection with the same act, the competent authorities of those States Parties shall, as appropriate, consultations with each other in order to coordinate their actions.

6. Without prejudice to the rules of general international law, this Convention does not exclude the exercise of any criminal jurisdiction established by a State Party in accordance with its domestic law.

Article 16 Extradition

1. This article shall apply to offences covered by this Convention or in cases where an organized criminal group is involved in the commission of the offence referred to in paragraph 1 (a) or (b) of article 3 and the person against whom extradition is sought is located in the territory of the requested State Party, provided that The act for which extradition is requested is criminalized under the domestic law of both the requesting State Party and the requested State Party.

2. If the request for extradition relates to several separate serious offences, some of which are not covered by this article, the requested State Party may apply this article to these latter offences as well.

3. Each of the offences to which this article applies shall be deemed to be included in any extradition treaty existing between the Participating States as an extraditable offence. The participating States undertake to include such offences as extraditable offences in any extradition treaty to be concluded between them.

4. If a State Party making extradition conditional on the existence of a treaty receives a request for extradition from another State Party with which it does not have an extradition treaty, it may consider this Convention as the legal basis for extradition in connection with any offence to which this article applies.

5. States Parties that make extradition conditional on the existence of a treaty:

(a) At the time of deposit of their instruments of ratification, acceptance, approval or accession to this Convention, inform the Secretary-General of the United Nations whether they will use this Convention as the legal basis for extradition cooperation with other States Parties to this Convention; and

(b) If they do not use this Convention as the legal basis for cooperation on extradition, seek, where appropriate, to conclude extradition treaties with other States Parties to this Convention for the purpose of applying this article.

6. States Parties that do not make extradition conditional on the existence of a treaty shall recognize the offences to which this article applies as extraditable offences in their relations with each other.

7. Extradition shall be carried out in accordance with the conditions provided for by the domestic law of the requested State Party or applicable extradition treaties, including, but not limited to, the conditions related to the minimum penalty requirements for extradition and the grounds on which the requested State Party may refuse extradition.

8. With respect to any offence to which this article applies, States Parties shall, subject to their domestic legislation, make efforts to expedite extradition procedures and simplify related evidentiary requirements.

9. Subject to the provisions of its domestic law and its extradition treaties, the requested State Party, having satisfied itself that the circumstances so require and are of an urgent nature, and at the request of the requesting State Party, may take into custody the person whose extradition is requested in its territory or take other appropriate measures to ensure his presence during the extradition procedure.

10. A State Party in whose territory a person suspected of committing an offence is located, if it does not extradite such a person in connection with an offence to which this article applies solely on the grounds that he is one of its nationals, shall, at the request of the State Party requesting extradition, transfer the case without undue delay. delays to their competent authorities for the purpose of prosecution. These authorities shall take their decision and carry out their proceedings in the same manner as in the case of any other crime of a dangerous nature under the domestic law of that State Party. The Participating States concerned shall cooperate with each other, in particular on procedural and evidentiary issues, to ensure the effectiveness of such prosecution.

11. In all cases where a State Party is permitted under its domestic law to extradite or otherwise transfer one of its nationals only on condition that the person will be returned to that State to serve the sentence imposed as a result of the judicial proceedings or proceedings in connection with which the extradition or transfer of that person was requested, and that State-The Party and the State Party requesting the extradition of the person have agreed to such arrangements and other conditions as they may deem appropriate, Such conditional extradition or transfer is sufficient to fulfill the obligation set forth in paragraph 10 of this article.

12. If extradition, which is requested for the purpose of executing a sentence, is refused because the person sought is a national of the requested State Party, the requested Party, if permitted by its domestic law and if this complies with the requirements of such law, shall, upon request by the requesting Party, consider the enforcement of the sentence or the remainder of the sentence that was issued in accordance with the domestic legislation of the requesting Party.

13. Any person who is subject to proceedings in connection with any offence to which this article applies shall be guaranteed fair treatment at all stages of the proceedings, including the exercise of all rights and guarantees provided for by the domestic law of the State Party in whose territory that person is located.

14. Nothing in this Convention shall be interpreted as establishing an obligation to extradite if the requested State Party has substantial grounds for believing that the extradition request is intended to persecute or punish a person on the basis of his or her sex, race, religion, nationality, ethnic origin or political beliefs, or that granting the request would prejudice the situation of this person for any of these reasons.

17. States Parties shall endeavour to conclude bilateral and multilateral agreements or arrangements with a view to implementing or improving the effectiveness of extradition.

Article 17 Transfer of convicted persons

States Parties may consider concluding bilateral or multilateral agreements or arrangements for the transfer of persons sentenced to imprisonment or other forms of deprivation of liberty for offences covered by this Convention so that they can serve their sentences in their territories.

Article 18 Mutual legal assistance

1. States Parties shall provide each other with the widest possible mutual legal assistance in the investigation, prosecution and judicial proceedings in connection with the offences covered by this Convention, as provided for in article 3, and shall provide each other with other similar assistance on a reciprocal basis if the requesting State Party has reasonable grounds to suspect that the offence referred to in in paragraph 1 (a) or (b) of article 3, is transnational in nature and, inter alia, that victims, witnesses, income, the means of committing crimes or evidence in relation to such crimes are located in the requested State Party, as well as that an organized criminal group is involved in the commission of this crime.

2. Mutual legal assistance shall be provided to the maximum extent possible in accordance with the relevant laws, treaties, agreements and arrangements of the requested State Party in relation to the investigation, prosecution and judicial proceedings in connection with crimes for which a legal entity may be held accountable in the requesting State Party in accordance with article 10 of this Convention.

3. Mutual legal assistance provided in accordance with this article may be requested for any of the following purposes::

a) Obtaining testimony or statements from individuals;

b) service of court documents;

d) inspection of facilities and sites;

(e) Providing information, physical evidence and expert assessments;

f) providing originals or certified copies of relevant documents and materials, including government, banking, financial, corporate or commercial documents;

(g) Identification or tracing of proceeds of crime, property, means of committing crimes or other items for evidentiary purposes;

(h) Facilitating the voluntary appearance of relevant persons before the authorities of the requesting State Party;

(i) The provision of any other type of assistance that is consistent with the domestic law of the requested State Party.

4. Without prejudice to domestic law, the competent authorities of a State Party may, without prior request, transmit information relating to criminal law matters to the competent authority in another State Party in cases where they consider that such information may assist that authority in carrying out or successfully completing investigations and prosecutions, or may lead to a request prepared by that State Party in accordance with this Convention.

5. The transfer of information in accordance with paragraph 4 of this article is carried out without prejudice to the investigation and criminal proceedings in the State of the competent authorities providing the information. The competent authorities receiving the information comply with the request to keep this information confidential, even on a temporary basis, or comply with restrictions on its use. However, this does not prevent the receiving State Party from disclosing, in the course of its proceedings, information that exonerates the accused. In such a case, before disclosing the information, the State Party receiving the information shall notify the State Party providing the information and, if requested to do so, consult with the State Party providing the information. If, in exceptional cases, advance notification is not possible, the State Party receiving the information shall promptly inform the State Party providing the information of such disclosure.

6. The provisions of this article shall not affect the obligations under any other treaty, whether bilateral or multilateral, which regulates or will regulate, in whole or in part, mutual legal assistance.

7. Paragraphs 9 to 29 of this article shall apply to requests made on the basis of this article if the States Parties concerned are not bound by any mutual legal assistance treaty. If these States Parties are bound by such a treaty, the relevant provisions of that treaty shall apply, unless the States Parties agree to apply paragraphs 9-29 of this article instead. States parties are strongly encouraged to apply these paragraphs if this facilitates cooperation.

8. The Participating States shall not refuse to provide mutual legal assistance in accordance with this article on the basis of bank secrecy.

9. States Parties may refuse to provide mutual legal assistance in accordance with this article on the basis of the absence of mutual recognition of the relevant act as a crime. However, the requested State Party may, if it deems it appropriate, provide assistance, the extent of which it determines at its discretion, regardless of whether the act in question constitutes an offence under the domestic law of the requested State Party.

10. A person who is in custody or serving a prison sentence in the territory of one State Party and whose presence in another State Party is required for the purposes of identification, testimony or other assistance in obtaining evidence for investigation, prosecution or judicial proceedings in connection with offences covered by this Convention may be transferred subject to the following conditions:

a) this person freely gives his informed consent to this.;

(b) The competent authorities of both States Parties have agreed on such terms and conditions as those States Parties may deem appropriate.

11. For the purposes of paragraph 10 of this article:

a) The State Party to which the person is transferred has the right and obligation to detain the transferred person, unless the State Party that transferred the person has requested otherwise or authorized otherwise.;

(b) The State Party to which the person is transferred shall promptly comply with its obligation to return the person to the custody of the State Party from which the person was transferred, as previously agreed or as otherwise agreed by the competent authorities of both States Parties.;

(c) The State Party to which the person is being transferred does not require the State Party that transferred the person to initiate extradition proceedings for his return;

(d) The transferred person's term of detention in the State Party to which he or she was transferred shall be credited for the term of his or her sentence served in the State from which he or she was transferred.

12. Without the consent of the State Party to which a person is to be transferred in accordance with paragraphs 10 and 11 of this article, that person, regardless of his nationality, shall not be subject to criminal prosecution, detention, punishment or any other restriction of his personal freedom in the territory of the State to which the person is transferred, including in connection with an act, omission or conviction related to the period before his departure from the territory of the State that transferred this person.

13. Each State Party shall designate a central authority that is responsible for receiving requests for mutual legal assistance and either for their implementation or for forwarding them to the competent authorities for implementation and has the appropriate authority. If a Participating State has a special region or territory with a separate system for mutual legal assistance, it may designate a special central authority that will perform the same function with respect to that region or territory. The central authorities ensure prompt and proper execution or transmission of requests received. If the central authority transmits the request to the competent authority for execution, it shall facilitate the prompt and proper execution of this request by the competent authority. At the time of deposit by each State Party of its instrument of ratification, acceptance, approval or accession to this Convention, the Secretary-General of the United Nations shall be notified of the central authority designated for this purpose. Requests for mutual legal assistance and any related communications shall be transmitted to the central authorities designated by the Participating States. This requirement is without prejudice to the right of a State Party to require that such requests and communications be sent to it through diplomatic channels and, in case of emergency, where the Participating States have agreed, through the International Criminal Police Organization, if possible.

14. Requests shall be made in writing or, if possible, by any means capable of producing a written record, in a language acceptable to the requested State Party, subject to conditions enabling that State Party to establish authenticity. At the time of deposit of the instrument of ratification, acceptance, approval or accession to this Convention, the Secretary-General of the United Nations shall be notified of the language or languages acceptable to each State Party. In exceptional circumstances, and if agreed upon by the Participating States, requests may be made orally, but they are immediately confirmed in writing.

15. The request for mutual legal assistance shall specify:

(a) The name of the requesting authority;

(b) The substance of the matter and the nature of the investigation, prosecution or judicial proceedings to which the request relates, as well as the name and functions of the authority conducting the investigation, prosecution or judicial proceedings;

(d) A description of the assistance requested and details of any specific procedure that the requesting State Party would like to ensure;

(e) Where possible, information on the identity, location and nationality of any person concerned; and

(f) The purpose of the requested evidence, information or measures.

16. The requested State Party may request additional information if this information is necessary to comply with the request in accordance with its domestic law or if this information may facilitate the execution of such a request.

17. The request shall be executed in accordance with the domestic law of the requested State Party and, to the extent this is not contrary to the domestic law of the requested State Party, if possible, in accordance with the procedures specified in the request.

18. To the extent possible and consistent with fundamental principles of domestic law, if a person is present in the territory of a State Party and is to be heard as a witness or expert by the judicial authorities of another State Party, the former State Party may, at the request of the other State Party, authorize the hearing by video communication, if the personal presence of the person concerned in the territory of the requesting State Party is not possible or desirable. The Participating States may agree that the hearing shall be conducted by a judicial authority of the requesting State Party in the presence of representatives of the judicial authority of the requested State Party.

19. The requesting State Party shall not transmit or use information or evidence provided by the requested State Party for the purpose of conducting investigations, prosecutions or judicial proceedings other than those specified in the request without the prior consent of the requested State Party. Nothing in this paragraph shall prevent the requesting State Party from disclosing, in the course of its proceedings, information or evidence that exonerates the accused. In this case, prior to the disclosure of information or evidence, the requesting State Party shall notify the requested State Party and, if requested to do so, consult with the requested State Party. If, in exceptional cases, advance notification is not possible, the requesting State Party shall promptly inform the requested State Party of such disclosure.

20. The requesting State Party may require that the requested State Party maintain confidentiality of the existence and substance of the request, except as necessary to comply with the request itself. If the requested State Party is unable to comply with the confidentiality requirement, it shall promptly inform the requesting State Party accordingly.

21. Mutual legal assistance may be refused:

(a) If the request has not been submitted in accordance with the provisions of this article;

(b) If the requested State Party considers that compliance with the request may prejudice its sovereignty, security, public order or other vital interests.;

(c) If the domestic law of the requested State Party prohibits its authorities from carrying out the requested measures in relation to any similar offence, if such offence were the subject of investigation, prosecution or judicial proceedings within its jurisdiction;

(d) If the execution of the request would be contrary to the legal system of the requested State Party in relation to mutual legal assistance.

22. States Parties may not refuse to comply with a request for mutual legal assistance solely on the grounds that the offence is also considered to be related to tax matters.

23. Any refusal to provide mutual legal assistance is motivated.

24. The requested State Party shall comply with the request for mutual legal assistance as soon as possible and, as far as possible, fully take into account any deadlines proposed by the requesting State Party and which are motivated, preferably in the request itself. The requested State Party shall respond to reasonable requests from the requesting State Party regarding the status of the request. The requesting State Party shall promptly inform the requested State Party that the requested assistance is no longer necessary.

25. Mutual legal assistance may be delayed by the requested State Party on the grounds that it would impede ongoing investigations, criminal prosecutions or judicial proceedings.

26. Before refusing to comply with a request pursuant to paragraph 21 of this article or postponing its implementation pursuant to paragraph 25 of this article, the requested State Party shall consult with the requesting State Party in order to determine whether assistance can be provided within such time limits and under such conditions as the requested State Party deems necessary. If the requesting State Party accepts assistance under such conditions, it shall comply with those conditions.

27. Without prejudice to the application of paragraph 12 of this article, a witness, expert or other person who, at the request of the requesting State Party, agrees to testify during the proceedings or assist in the investigation, prosecution or judicial proceedings in the territory of the requesting State Party, shall not be subject to criminal prosecution, detention, punishment or any other restriction of his personal freedom in this territory in connection with an act, omission or conviction, relating to the period prior to his departure from the territory of the requested State Party. Such a guarantee of personal safety shall be terminated if the witness, expert or other person has been able to leave the territory of the requesting State Party for fifteen consecutive days or for any period agreed between the Participating States, starting from the date on which such person was officially notified that his presence was no longer required by the judicial authorities. Nevertheless, they voluntarily remained in this territory or, having left it, returned back of their own free will.

28. The normal costs associated with the execution of the request shall be borne by the requested State Party, unless otherwise agreed by the States Parties concerned. If the execution of the request requires or requires substantial or extraordinary expenses, the Participating States shall consult in order to determine the conditions under which the request will be executed, as well as how the costs will be covered.

29. Requested State Party:

(a) Provide the requesting State Party with copies of government materials, documents or information in its possession that are publicly available under its domestic law;

(b) May, at its discretion, provide to the requesting State Party, in whole or in part, or subject to such conditions as it deems appropriate, copies of any government materials, documents or information in its possession that are not publicly available under its domestic law.

30. The Participating States shall consider, as appropriate, the possibility of concluding bilateral or multilateral agreements or arrangements that would meet the objectives of this article, ensure its operation in practice or strengthen its provisions.

Article 19 Joint investigations

The Participating States shall consider the possibility of concluding bilateral or multilateral agreements or arrangements by virtue of which, in connection with cases that are the subject of investigation, prosecution or judicial proceedings in one or more States, the competent authorities concerned may establish bodies to conduct joint investigations. In the absence of such agreements or arrangements, joint investigations may be conducted by agreement on a case-by-case basis. The Participating States concerned shall ensure full respect for the sovereignty of the Participating State in whose territory such an investigation is to be conducted.

Article 20 Special investigative techniques

1. To the extent permitted by the basic principles of its domestic legal system, each State Party shall, within its means and under conditions established by its domestic law, take the necessary measures to permit the proper use of controlled deliveries and, where it deems it appropriate, the use of other special investigative techniques, such as electronic surveillance or other forms of surveillance, as well as undercover operations, by its competent authorities on its territory in order to conduct an effective fight against organized crime.

2. For the purpose of investigating offences covered by this Convention, States Parties are encouraged to conclude, where appropriate, appropriate bilateral or multilateral agreements or arrangements for the use of such special investigative techniques in the context of international cooperation. Such agreements or arrangements are concluded and implemented in full compliance with the principle of sovereign equality of States and are implemented in strict accordance with the terms of these agreements or arrangements.

3. In the absence of an agreement or arrangement referred to in paragraph 2 of this article, decisions on the use of such special investigative techniques at the international level are made on a case-by-case basis and may, if necessary, take into account financial arrangements and understandings regarding the exercise of jurisdiction by the States Parties concerned.

4. Decisions on the use of controlled shipments at the international level may, with the consent of the Participating States concerned, include methods such as intercepting goods and leaving them untouched or removing or replacing them, in whole or in part.

Article 21 Transfer of criminal proceedings

States Parties shall consider the possibility of transferring proceedings for the prosecution of an offence covered by this Convention to each other in cases where it is considered that such transfer is in the interests of the proper administration of justice, in particular in cases where several jurisdictions are involved, in order to ensure the consolidation of criminal cases.

Article 22 Criminal record information

Each State Party may adopt such legislative or other measures as may be necessary to take into account, under such conditions and for such purposes as it deems appropriate, any previous conviction in another State against a person suspected of having committed an offence under investigation, in order to use such information in criminal proceedings in connection with an offence covered by this Convention.

Article 23 Criminalization of obstruction of justice

Each State Party shall adopt such legislative and other measures as may be necessary to establish as criminal offences the following acts, when committed intentionally:

(a) The use of physical force, threats or intimidation, or the promise, offer or provision of an undue advantage for the purpose of inducing false testimony or interfering with the process of giving evidence or presenting evidence during proceedings in connection with the commission of offences covered by this Convention;

(b) The use of physical force, threats or intimidation to interfere with the performance of official duties by a judicial or law enforcement official during proceedings in connection with the commission of offences covered by this Convention. Nothing in this subparagraph shall prejudice the right of States Parties to have legislation that protects other categories of public officials.

Article 24 Witness protection

1. Each State Party shall take appropriate measures, within its means, to ensure effective protection against possible retaliation or intimidation against witnesses participating in criminal proceedings who give evidence in connection with offences covered by this Convention and, where appropriate, against their relatives and other persons close to them.

2. The measures provided for in paragraph 1 of this article, without prejudice to the rights of the accused, including the right to due process, may include, inter alia::

(a) The establishment of procedures for the physical protection of such persons, for example, to the extent necessary and practicable, for their relocation to another location, and the adoption of such provisions as permit, where appropriate, the non-disclosure of information relating to the identity and location of such persons, or impose restrictions on such disclosure of information;

(b) The adoption of evidentiary rules that allow testimony to be given in a manner that ensures the safety of the witness, such as allowing testimony to be given by means of communication such as video or other appropriate means.

3. The Participating States shall consider concluding agreements or arrangements with other States regarding the resettlement of persons referred to in paragraph 1 of this article.

4. The provisions of this article shall also apply to victims insofar as they are witnesses.

Article 25 Assistance to victims and their protection

1. Each State Party shall take appropriate measures, within its means, to provide assistance and protection to victims of offences covered by this Convention, especially in cases of threats of retaliation or intimidation.

2. Each State Party shall establish appropriate procedures to ensure access to compensation and reparation for victims of offences covered by this Convention.

3. Each State Party, subject to its domestic law, shall provide opportunities for the views and concerns of victims to be presented and considered at appropriate stages of criminal proceedings against perpetrators in a manner that does not prejudice the rights of the defence.

Article 26 Measures aimed at expanding cooperation with law enforcement agencies

1. Each State Party shall take appropriate measures to encourage persons who participate or have participated in organized criminal groups to:

(a) Providing information useful to the competent authorities for the purposes of investigation and evidence in relation to issues such as:

(i) The identification, nature, membership, structure, location or activities of organized criminal groups;

(ii) Links, including international links, with other organized criminal groups;

(iii) Crimes committed or likely to be committed by organized criminal groups;

(b) Providing factual, concrete assistance to competent authorities that may contribute to depriving organized criminal groups of their resources or proceeds of crime.

2. Each State Party shall consider providing for the possibility of mitigating, as appropriate, the punishment of an accused person who significantly cooperates in the investigation or prosecution of an offence covered by this Convention.

3. Each State Party shall consider providing, in accordance with fundamental principles of its domestic law, the possibility of granting immunity from prosecution to a person who cooperates substantially in the investigation or prosecution of an offence covered by this Convention.

4. The protection of such persons shall be carried out in accordance with the procedure provided for in article 24 of this Convention.

5. In cases where the person referred to in paragraph 1 of this article and located in one State Party is able to cooperate substantially with the competent authorities of another State Party, the States Parties concerned may consider concluding agreements or arrangements, in accordance with their domestic law, regarding the possible provision by another State Party the regime specified in paragraphs 2 and 3 of this Article.

Article 27 Cooperation between law enforcement agencies

1. States Parties shall cooperate closely with each other, acting in accordance with their domestic legal and administrative systems, in order to enhance the effectiveness of law enforcement measures to combat the offences covered by this Convention. Each State Party shall, in particular, take effective measures aimed at:

(a) To strengthen or, where necessary, establish channels of communication between their competent authorities, institutions and services in order to ensure the reliable and rapid exchange of information on all aspects of the offences covered by this Convention, including, if the States Parties concerned deem it appropriate, links with other criminal activities;