OTHER COUNCIL OF EUROPE CONVENTIONS INTRODUCTION

THE COUNCIL OF EUROPE

CONVENTIONS ANALYSED (1) A) Investigation stage a) On property, the material aspect of the offence: a) On property, the material aspect of the offence: 1.- Convention on Laundering, Search, Seizure and Confiscation of the Proceeds from Crime of Council of Europe Convention on Laundering, Search, Seizure and Confiscation of the Proceeds from Crime and on the Financing of Terrorism of b) On the obtention of evidence in electronic format: b) On the obtention of evidence in electronic format: 3.- Convention on Cybercrime of c) On the assignment of jurisdiction: c) On the assignment of jurisdiction: 4.- European Convention on the Transfer of Proceedings in Criminal Matters of 1972.

CONVENTIONS ANALYSED (2) B) Enforcement stage: 5.- European Convention on the International Validity of Criminal Judgments of Convention on the Transfer of Sentenced Persons of 1983 and Additional Protocol of European Convention on the Supervision of Conditionally Sentenced or Conditionally Released Offenders of C) Instrumental in relation to the above: 8.- Additional Protocol to the European Convention on Information on Foreign Law.

CONVENTIONCETSLINK Convention on Laundering, Search, Seizure and Confiscation of the Proceeds from Crime of ezVous.asp?NT=141&CM=8&DF=4/29/2008&CL=ENG Convention on Laundering, Search, Seizure and Confiscation of the Proceeds from Crime and on the Financing of Terrorism of ezVous.asp?NT=198&CM=8&DF=4/29/2008&CL=ENG Convention on Cybercrime of ezVous.asp?NT=185&CM=8&DF=4/29/2008&CL=ENG European Convention on the Transfer of Proceedings in Criminal Matters of ezVous.asp?NT=073&CM=8&DF=4/29/2008&CL=ENG European Convention on the International Validity of Criminal Judgments of ezVous.asp?NT=070&CM=8&DF=4/29/2008&CL=ENG Convention on the Transfer of Sentenced Persons of ezVous.asp?NT=112&CM=8&DF=4/29/2008&CL=ENG Additional Protocol to the Convention on the Transfer of Sentenced Persons of ezVous.asp?NT=167&CM=8&DF=4/29/2008&CL=ENG Convention on the Supervision of Conditionally Sentenced or Conditionally Released Offenders ezVous.asp?NT=051&CM=8&DF=4/29/2008&CL=ENG Additional Protocol to the European Convention on Information on Foreign Law ezVous.asp?NT=097&CM=8&DF=4/29/2008&CL=ENG

CONVENTION ON LAUNDERING, SEARCH, SEIZURE AND CONFISCATION OF THE PROCEEDS FROM CRIME OF Insufficient regulation in earlier conventions on the profit aspect of crime - Background and gestation - Substantive aims - Innovations in international cooperation - Still insufficient; subsequently developed: - A) in the Schengen sphere (Article 51 CASA) - B) by different EU instruments

CONVENTION ON LAUNDERING, SEARCH, SEIZURE AND CONFISCATION OF THE PROCEEDS FROM CRIME AND ON THE FINANCING OF TERRORISM OF Updates the 1990 Convention - Measures at a national level - Cooperation measures - Cooperation procedure

CONVENTION ON CYBERCRIME of Standard instrument if there is a computer-related aspect -Specific measures:  Search and seizure of computer data (Article 19)  Expedited preservation of stored computer data (Article 16)  For its subsequent disclosure (Article 17)  Production orders (Article 18),  Interception of data regarding traffic (Article 20) or content (Article 21), always in real time (Article 20)  Creation of a 24/7 network

EUROPEAN CONVENTION ON THE TRANSFER OF PROCEEDINGS IN CRIMINAL MATTERS OF Implies complete assignment of jurisdiction -Exact requirements for transfer -Extension or attribution of original competence -Effects of the request -Legal value of action taken in the other state -Problems raised by lapse of time -Plurality of criminal proceedings

INTERNATIONAL VALIDITY OF CRIMINAL JUDGMENTS OF ENFORCEMENT OF FOREIGN JUDGMENTS - -Conditions for application - - Reasons for refusal - - Effects of the transfer of enforcement - - Formalities of the request - - Methods of enforcement and special features depending on the sentence - - Problems with judgments in absentia. - INTERNATIONAL EFFECTS OF EUROPEAN JUDGMENTS

CONVENTION ON THE TRANSFER OF SENTENCED PERSONS OF Differences vis-à-vis ECIVCJ -Broad acceptance -Conditions for transfer -Procedure -Alternative: Conversion or Prosecution - Additional Protocol of Schengen Articles 67 to 69

SUPERVISION OF CONDITIONALLY SENTENCED OR CONDITIONALLY RELEASED OFFENDERS OF Better readaptation of offenders -Scope and requirements -Three types of assistance -Reasons for refusal -Channels for transmission

ADDITIONAL PROTOCOL TO THE CONVENTION ON THE TRANSFER OF SENTENCED PERSONS OF Special features of civil jurisdiction: 1968 CONVENTION - Foreign law is not applied in criminal jurisdiction, but it is necessary to be aware of it: 1997 PROTOCOL - Procedure