Article 31 Prevention

Geldend

Documentgegevens:

Geldend vanaf 29-09-2003

Bronpublicatie:: 15-11-2000, Trb. 2001, 68 (uitgifte: 13-04-2001, kamerstukken/regelingnummer: -)
Inwerkingtreding: 29-09-2003
Bronpublicatie inwerkingtreding:: 19-02-2004, Trb. 2004, 34 (uitgifte: 30-08-2004, kamerstukken/regelingnummer: -)
Vakgebied(en): Internationaal strafrecht / Algemeen

1.

States Parties shall endeavour to develop and evaluate national projects and to establish and promote best practices and policies aimed at the prevention of transnational organized crime.

2.

States Parties shall endeavour, in accordance with fundamental principles of their domestic law, to reduce existing or future opportunities for organized criminal groups to participate in lawful markets with proceeds of crime, through appropriate legislative, administrative or other measures. These measures should focus on:

a)

The strengthening of cooperation between law enforcement agencies or prosecutors and relevant private entities, including industry;

b)

The promotion of the development of standards and procedures designed to safeguard the integrity of public and relevant private entities, as well as codes of conduct for relevant professions, in particular lawyers, notaries public, tax consultants and accountants;

c)

The prevention of the misuse by organized criminal groups of tender procedures conducted by public authorities and of subsidies and licences granted by public authorities for commercial activity;

d)

The prevention of the misuse of legal persons by organized criminal groups; such measures could include:

(i): The establishment of public records on legal and natural persons involved in the establishment, management and funding of legal persons;
(ii): The introduction of the possibility of disqualifying by court order or any appropriate means for a reasonable period of time persons convicted of offences covered by this Convention from acting as directors of legal persons incorporated within their jurisdiction;
(iii): The establishment of national records of persons disqualified from acting as directors of legal persons; and
(iv): The exchange of information contained in the records referred to in subparagraphs d) (i) and (iii) of this paragraph with the competent authorities of other States Parties.

3.

States Parties shall endeavour to promote the reintegration into society of persons convicted of offences covered by this Convention.

4.

States Parties shall endeavour to evaluate periodically existing relevant legal instruments and administrative practices with a view to detecting their vulnerability to misuse by organized criminal groups.

5.

States Parties shall endeavour to promote public awareness regarding the existence, causes and gravity of and the threat posed by transnational organized crime. Information may be disseminated where appropriate through the mass media and shall include measures to promote public participation in preventing and combating such crime.

6.

Each State Party shall inform the Secretary-General of the United Nations of the name and address of the authority or authorities that can assist other States Parties in developing measures to prevent transnational organized crime.

7.

States Parties shall, as appropriate, collaborate with each other and relevant international and regional organizations in promoting and developing the measures referred to in this article. This includes participation in international projects aimed at the prevention of transnational organized crime, for example by alleviating the circumstances that render socially marginalized groups vulnerable to the action of transnational organized crime.