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UGLJESA UGI ZvEKIÓ
Criminalization and related provisions
UNTOC establishes several criminal offences when transnational in nature and
involve organized criminal group. These are:
Art.5. Participation in an organized criminal group
Article 6. Laundering of proceeds of crime
Article 8. Corruption
Article 23. Obstruction of justice, and
Article 2. Serious crime.
In addition, the Protocols supplementing UNTOC (Human Trafficking,
Smuggling of Migrants, Illicit Manufacturing and Trafficking in Firearms) also
establish few offences such as “trafficking in persons”, "smuggling of migrants”,
and related “producing a fraudulent travel or identity document” and “ procuring,
providing or possessing such a document” and “illicit manufacturing of firearms,
their parts and components and ammunition”, “Illicit trafficking in firearms, their
parts and components and ammunition” and “falsifying or illicitly obliterating,
removing or altering the marking(s) on firearms” for those state-parties which
have ratified UNTOC and relevant Protocols thereto.
UNCAC establishes several mandatory criminal offences such as:
Article 15. Bribery of national public officials
Article 16. Bribery of foreign public officials and officials of public international
organizations
Article 17. Embezzlement, misappropriation or other diversion of property by
a public officials
Article 23. Laundering of proceeds of crime
Article 25. Obstruction of justice.
UNCAC also “suggests” for adoption (optional) the following criminal offences:
Article 18. Trading in influence
Article 19. Abuse of functions
Article 20. Illicit enrichment
Article 21. Bribery in private sector
Article 22. Embezzlement of property in the private sector
Article 24. Concealment.
UNTOC and UNCAC have in common “laundering of proceeds of crime”,
“obstruction of justice” and “corruption: bribery of public officials (national,
foreign and international)”.
In addition UNTOC and UNCAC have in common or similar a number of
provisions regarding prevention and combat of money laundering, liability of
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