Oldal 185 [185]
STRATEGY FOR GLOBAL GOVERNANCE AGAINST GLOBAL CRIME , UNTOC & UNCAC WANTING
legal persons, prosecution, adjudication and sentencing, seizure and confiscation,
joint investigations, special investigative techniques (e.g. controlled delivery),
protection of witnesses, etc,
International cooperation
Both UNTOC and UNCAC provide for international cooperation and in particular
as related to extradition, mutual legal assistance, transfer of sentenced persons
and transfer of criminal proceedings and law enforcement cooperation.
UNCAC in its Chapter V promulgates Asset recovery as a fundamental principle
of this Convention.
UNTOC and UNCAC provide the most important instrument for an effective
and global implementation of the international cooperation forms and modes which
overcomes the limits of the bilateral treaties. In other words, all the state parties
which have ratified UNTOC and/or UNCOC can use international cooperation
as per the two Conventions respectively even when there are no bilateral treaties
or those in existence do not include criminal offences and/or other provisions
contained in UNTOC and UNCAC. This is the most powerful potential for an
effective and the broadest possible international cooperation against organized
crime and corruption in their forms and manifestations as envisaged by the two
respective Conventions.
Conference of the Parties to the Convention
Article 32 of UNTOC and Article 63 of UNCAC establishes each “Conference of
the (State) Parties to the Conference”- COP for UNTOC and COPS for UNCA
respectively with the aim to improve the capacity to combat and achieve the
objectives of the Conventions and to “ promote and review” the implementation.
UNTOC COP also covers the Protocols supplementing the Convention.
UNTOC COP and UNCAC COSP share similar objectives including facilitating
activities of the Parties to the Conventions, mobilization of voluntary contributions,
the exchange of information on patterns and trends in transnational organized
crime and corruption and on successful practices in prevention and combat,
cooperation with relevant international and regional organizations, and
— Reviewing periodically the implementation,
— Making recommendations to improve the Conventions and their implemen¬
tation respectively,
— Proposing (following the initial period of five years after the entry into force
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