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NCJRS Abstract

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NCJ Number: 164032 Find in a Library
Title: Manual on the Model Treaty on Mutual Assistance in Criminal Matters
Journal: International Review of Criminal Policy  Issue:45 and 46  Dated:(1995)  Pages:29-55
Corporate Author: United Nations
Crime Prevention and Criminal Justice Branch, at Vienna
Date Published: 1995
Page Count: 27
Sponsoring Agency: United Nations
A-1400 Vienna, Austria
Type: Legislation/Policy Description
Format: Article
Language: English
Country: Austria
Annotation: This Manual on the United Nations' Model Treaty on Mutual Assistance in Criminal Matters presents the treaty's 21 articles and commentary (purpose, application, and implementation) on each article.
Abstract: The treaty was formulated to help member states to cope more effectively with criminal cases that have transnational implications. As far as possible it avoids mandatory rules, since the penal philosophies and systems of states can differ widely. Most issues are regulated by optional rules, and it is left to specific bilateral arrangements or multilateral conventions to transform them into mandatory ones, according to the needs and circumstances of inter-state relations. Special consideration is given to the following issues: scope of application; refusal of assistance; content and execution of a request; protection of confidentiality; obtaining evidence; availability of persons in custody and other persons to give evidence or assist in investigation; safe conduct; provision of documents; and search and seizure. The intent of the treaty is that states, when executing requests for assistance, should provide the widest possible measure of assistance compatible with domestic law or practice. In case of doubt, a requested state should be encouraged to comply with a request. In particular, alarming developments are noted related to the penetration of legitimate business by organized crime to invest the proceeds of crime. To counteract this trend, it is considered necessary to devise a variety of measures to prevent such infiltrations. The Optional Protocol to the Model Treaty on Mutual Assistance in Criminal Matters concerning the proceeds of crime is one of those measures. The Optional Protocol is an integral part of the Model Treaty.
Main Term(s): Criminology
Index Term(s): Criminal infiltration of business; Evidence collection; International agreements; International cooperation; International Law Enforcement Cooperation; Money laundering; Organized crime; Witnesses
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