FROM BONDAGE TO FREEDOM
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include “organized criminal group”, a definition internationally agreed
upon for the first time. The Convention establishes five offences, whether
committed by individuals, or corporate entities156 that are covered by
participation in an organized criminal group, corruption, money
laundering, obstruction of justice, and “serious crime”. There are,
however, two principal prerequisites for application. First, the relevant
offence must have some kind of transnational aspect. Second, it must
involve an organized criminal group.
“Serious crime” is defined in such a way as to include all significant
criminal offences. It refers to conduct constituting a criminal offence
punishable by a maximum deprivation of liberty of at least four years or
a more serious penalty157. As a result, States will be able to use the
Convention to address a wide range of modern criminal activities
including trafficking and related exploitation as well as migrant
smuggling. This is especially important in view of the fact that States
may become parties to the Convention without having to ratify any or all
of the protocols158.
In keeping with its nature as a transnational cooperation agreement,
the Convention contains specific provisions for prevention, investigation
and prosecution of these offences as well as serious crimes when they are
transnational in nature and involve an organized criminal group159.
State parties to the Convention are obliged to adopt domestic laws
and practices, which would prevent or suppress activities related to
organized crime. To combat money laundering, for example, countries
would require their banks to keep accurate records and make them
available for inspection by domestic law enforcement officials. Under
the Convention, bank secrecy cannot be used to shield criminal activities.
State parties to the Convention are also required to take appropriate
action to confiscate illicitly acquired assets. The Convention foresees the
possibility for an asset sharing mechanism under which State Parties are
encouraged to contribute confiscated assets to bodies working for the
fight against organized crime.
156
Supra note 3, Art. 10
157
Ibid., Art 2 (b)
158
Ibid., Art 37(3)
159
Ibid., Art. 18.