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.
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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--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
