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OTHER COUNCIL OF EUROPE CONVENTIONS

OTHER COUNCIL OF EUROPE CONVENTIONS. INTRODUCTION. THE COUNCIL OF EUROPE. CONVENTIONS ANALYSED (1). A) Investigation stage a) On property, the material aspect of the offence: 1.- Convention on Laundering, Search, Seizure and Confiscation of the Proceeds from Crime of 1990.

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OTHER COUNCIL OF EUROPE CONVENTIONS

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  1. OTHER COUNCIL OF EUROPE CONVENTIONS INTRODUCTION

  2. THE COUNCIL OF EUROPE

  3. CONVENTIONS ANALYSED (1) A) Investigation stage a) On property, the material aspect of the offence: 1.- Convention on Laundering, Search, Seizure and Confiscation of the Proceeds from Crime of 1990. 2.- Council of Europe Convention on Laundering, Search, Seizure and Confiscation of the Proceeds from Crime and on the Financing of Terrorism of 2005. b) On the obtention of evidence in electronic format: 3.- Convention on Cybercrime of 2001. c) On the assignment of jurisdiction: 4.- European Convention on the Transfer of Proceedings in Criminal Matters of 1972.

  4. CONVENTIONS ANALYSED (2) B) Enforcement stage: 5.- European Convention on the International Validity of Criminal Judgments of 1972. 6.- Convention on the Transfer of Sentenced Persons of 1983 and Additional Protocol of 1997. 7.- European Convention on the Supervision of Conditionally Sentenced or Conditionally Released Offenders of 1964. C) Instrumental in relation to the above: 8.- Additional Protocol to the European Convention on Information on Foreign Law.

  5. CONVENTION ON LAUNDERING, SEARCH, SEIZURE AND CONFISCATION OF THE PROCEEDS FROM CRIME OF 1990 Insufficient regulation in earlier conventions on the profit aspect of crime Background and gestation Substantive aims Innovations in international cooperation Still insufficient; subsequently developed: A) in the Schengen sphere (Article 51 CASA) B) by different EU instruments

  6. CONVENTION ON LAUNDERING, SEARCH, SEIZURE AND CONFISCATION OF THE PROCEEDS FROM CRIME AND ON THE FINANCING OF TERRORISM OF 2005 Updates the 1990 Convention Measures at a national level Cooperation measures Cooperation procedure

  7. CONVENTION ON CYBERCRIME of 2001 -Standard instrument if there is a computer-related aspect -Specific measures: Search and seizure of computer data (Article 19) Expedited preservation of stored computer data (Article 16) For its subsequent disclosure (Article 17) Production orders (Article 18), Interception of data regarding traffic (Article 20) or content (Article 21), always in real time (Article 20) Creation of a 24/7 network

  8. EUROPEAN CONVENTION ON THE TRANSFER OF PROCEEDINGS IN CRIMINAL MATTERS OF 1972 -Implies complete assignment of jurisdiction -Exact requirements for transfer -Extension or attribution of original competence -Effects of the request -Legal value of action taken in the other state -Problems raised by lapse of time -Plurality of criminal proceedings

  9. INTERNATIONAL VALIDITY OF CRIMINAL JUDGMENTS OF 1970 ENFORCEMENT OF FOREIGN JUDGMENTS -Conditions for application - Reasons for refusal - Effects of the transfer of enforcement - Formalities of the request - Methods of enforcement and special features depending on the sentence - Problems with judgments in absentia. INTERNATIONAL EFFECTS OF EUROPEAN JUDGMENTS

  10. CONVENTION ON THE TRANSFER OF SENTENCED PERSONS OF 1983 -Differences vis-à-vis ECIVCJ -Broad acceptance -Conditions for transfer -Procedure -Alternative: Conversion or Prosecution Additional Protocol of 1997 Schengen Articles 67 to 69

  11. SUPERVISION OF CONDITIONALLY SENTENCED OR CONDITIONALLY RELEASED OFFENDERS OF 1964 -Better readaptation of offenders -Scope and requirements -Three types of assistance -Reasons for refusal -Channels for transmission

  12. ADDITIONAL PROTOCOL TO THE CONVENTION ON THE TRANSFER OF SENTENCED PERSONS OF 1997 Special features of civil jurisdiction: 1968 CONVENTION Foreign law is not applied in criminal jurisdiction, but it is necessary to be aware of it: 1997 PROTOCOL Procedure

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