International cooperation in criminal matters and cooperation between cbi and state governments
This presentation is the property of its rightful owner.
Sponsored Links
1 / 13

International Cooperation in Criminal Matters and Cooperation between CBI and State Governments PowerPoint PPT Presentation


  • 117 Views
  • Uploaded on
  • Presentation posted in: General

International Cooperation in Criminal Matters and Cooperation between CBI and State Governments. Rakesh Aggarwal DIG, CBI New Delhi. Why International Cooperation. World is becoming a Global village Faster mobility Integration of economies Wire transfers International tourists

Download Presentation

International Cooperation in Criminal Matters and Cooperation between CBI and State Governments

An Image/Link below is provided (as is) to download presentation

Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author.While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server.


- - - - - - - - - - - - - - - - - - - - - - - - - - E N D - - - - - - - - - - - - - - - - - - - - - - - - - -

Presentation Transcript


International Cooperation in Criminal Matters and Cooperation between CBI and State Governments

Rakesh Aggarwal

DIG, CBI

New Delhi


Why International Cooperation

  • World is becoming a Global village

    • Faster mobility

    • Integration of economies

    • Wire transfers

    • International tourists

  • Global tenders

  • Immigrant population

  • International gangs, terrorism, etc.


Principles of International Cooperation

  • Sovereignty

  • Supremacy of domestic laws

  • Dual criminality

  • Ordinary criminal law

  • Legal arrangements, reciprocity

  • Respect for Human Rights

  • Restrictions against capital punishment


INTERPOL

  • Largest International association of Police Organizations

  • 187 member countries, each represented by a National Central Bureau (NCB), Head Quarter at Lyon, France

  • No police powers, IT IS NOT A POLICE

  • NCB-India is part of CBI, Director CBI is head of NCB-India. NCBs are single points of contacts for a country

  • All NCBs connected on 24X7 basis through a secure channel, all enquiries sent through this channel


INTERPOL (CONTD.)

  • NCB-India coordinates with State Police through Interpol liaison Officers (generally ADG/IG Crime of State police)

  • All requests executed as per domestic law of the requested country and on basis of voluntary cooperation

  • Requests have to be based on ordinary criminal law and should not be political

  • Interpol has various databases, the most important being that of Red Notices


Red Notice (RCN)

  • Red Notice is a Look Out Notice to member countries of the Interpol that a person is wanted for a Crime

  • Conditions:

    • Request can be made only by NCB-India

    • Person should be wanted for an ordinary serious crime (extraditable offence)

    • The offence should not be of political, racial or military nature

    • An open-dated arrest warrant

    • Identity particulars

  • Arresting a person after he is located is not mandatory in all countries; executed as per domestic law


Investigations Abroad

  • Legal framework:

    • Section 166 A CrPC for outgoing requests

    • Section 166 B CrPC for incoming requests

  • India has Mutual Legal Assistance Treaties (MLAT) with a number of countries

  • In absence of MLAT, assurance of reciprocity forms the basis for cooperation

  • MHA is the nodal authority; CBI is coordinating authority for incoming requests

  • Letters Rogatory (Letter of request) is issued by Judicial magistrate to the competent authority in requested state


Investigations Abroad- Contd.

  • Letters Rogatary are executed for only ordinary crimes on principles of sovereignty and dual criminality and supremacy of domestic laws

  • What evidence is to gathered has to be specified

  • Police officers of one country do not have any police powers in another country

  • Police officers of requesting country can visit the requested country for assistance only, subject to approval of requested country

  • Problems: Delays, examination of witnesses during trial (video conferencing)


Extradition

  • Extradition means transfer of an offender from one country to another

  • Legal Framework: Indian Extradition Act, 1962 and Extradition Treaties

  • Ministry of External Affairs is the nodal ministry

  • Extradition possible, even without an Extradition Treaty on the basis of Assurance of Reciprocity

  • Before an Extradition Request can be sent, the person has to be located (through RCN or otherwise)


Extradition- (Contd.)

  • Extradition Request has to be issued by the competent court. It contains the allegations against the accused and the evidence which supports such allegations

  • Generally extradition is for the purpose of trial and not for investigation, i.e. charge-sheet should have been submitted in court

  • Own nationals are generally not extradited, they are tried by the native country by importing evidence

  • Law of specificity: A person can be tried for only the offence for which he has been extradited

  • Problems: A mini trial in requested country, delays


Cooperation between CBI and States

  • NCB-India for enquiries, investigations

  • Formal and informal channels for searches, arrest warrants, apprehension of proclaimed offenders, security

  • Annual conferences: Anti-corruption conference, Interpol Liaison Officers’ Conference

  • CBI is nodal agency for database on missing children, FICN, human trafficking

  • Knowledge management in transferred investigations


Thank You

Any Questions?


  • Login