Oldal 184 [184]
OCR
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 + 182 +
