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Explanatory Report on the Convention on Laundering, Search, Seizure and Confiscation of the Proceeds From Crime

NCJ Number
135764
Date Published
1991
Length
76 pages
Annotation
Based on the relevant discussions of the European Committee on Crime Problems, this report explains the provisions of the Council of Europe's Convention on Laundering, Search, Seizure and Confiscation of the Proceeds from Crime, which was opened for signature on November 8, 1990
Abstract
One of the purposes of the convention is to facilitate international cooperation in the investigation, search, seizure, and confiscation of the proceeds from all types of criminality, especially serious crimes such as drug offenses, arms dealing, terrorist offenses, trafficking in children and young women, and other offenses that generate large profits. The convention was deemed necessary after an analysis of the relevant domestic laws of member states of the Council of Europe revealed differences that obstruct the efficiency of efforts to counter serious crime across Europe. The convention envisions substantial amendments to the domestic legislation of States that sign the convention. The convention provides for two forms of international cooperation to secure the confiscation of the instruments of and proceeds from crime: the execution by the requested State of a confiscation order made abroad and the institution, under its own law, of national proceedings that lead to a confiscation by the requested State at the request of another State. Commentary is provided for each article of the convention.

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