Рефераты. International Combating The Crimes Harming The Economic Development Of States

Such actions made Napoleon Bonapart towards Russia during the preparation of his 1812 campaign. Also widely known the facts of manufacturing of Great Britain’s pounds by fascist Germany the Second world war. The counterfeit money and  securities are used and as the means of undermine of developing states economy. For example, in 1967 in Paris was found out the underground factory which printed the notes of the Republic of Zaire. And the French police confiscated money to the sum equal to 15 million francs.


According to the information of Interpol, only for period from 1946 to 1972 this organization managed with the help of police of other countries to find out and to classify about 6 million  counterfeit money  and securities in 89 countries of the world.


However experts consider, that even these on the scales do not correspond to reality. Cases of  counterfeiting  are much more greater, and not all of them get in a field of vision of police and revealed.


These crimes are made  by well organized groups supported sometimes by the representatives of corrupt authorities. In 1968, for example, was  exposed the group of international criminals including more than hundred persons.


They forged American dollars and traveler’s cheques with the signature of 26 most known banks from various countries of the world. The centre of organization was in Latin America, and one of branches — In Italy.


The false checks and dollars were distributed through «tourists» on all continents of globe. Soon in vicinities of Bologna in Italy was found out the printing house, which polygraphic equipment was evaluated in 50 million  Italian liras. The accomplishes of this criminal «syndicate» were arrested and are condemned in many countries of the world.


According to the information of  Interpol most frequently forged note is - (about 80 %) American dollars because of their universal use. 100 dollar notes are most frequently forged. As an answer-back measure, for maintenance of stronger protection from a fake, American authorities in 1996 manufactured new 100 dollar note with additional levels of protection.


Currency is the basis of  the state economic system and it is  important that the public remains confident with its money. Therefore it is essential to combat this type of criminality on a daily basis.


The necessity of international cooperation to struggle against these crimes has resulted in the conclusion the Geneva Convention on combating counterfeit money.


The state-participants have undertaken the obligations not to make distinctions between counterfeit own or foreign money and  securities and with identical severity punish criminals. It was announced as an extraditional international criminal offence.


Therefore all countries — participants of the convention should assist the states in search and returning of the absconded manufacturer, trader of counterfeit money or their accomplices. From 1931 to 1995 within the framework of requests of an article 12 of Geneva convention eight international conferences on coordination of activity of the states, largest banks and emission institutions in combating these crimes had been conducted.


To token moneys the Convention carries only circulating  paper money and metal coins.


The state-participants have agreed strictly to punish:


1) All illegal actions on manufacturing or change of token moneys, whichever there was a method used for achievement of this result;


2) swindling;


3)  actions addressed to sale, import in the  country or reception, or raising for itself of counterfeit token money, in condition that their false character was known;


4) attempts on these offences and actions on deliberate partnership;


5)  illegal actions  on manufacturing, reception or purchase for itself of instruments or other subjects intended on the nature for manufacturing of false token moneys or for change of token moneys (an article 3). The citizens of the country and person living on its territory, who are guilty in counterfeiting of internal and foreign token moneys should be engaged to the criminal liability.


According to an article 12 of the Convention inquests on such businesses are conducted within the framework of national criminal legal proceedings by Central Office, which works in close cooperation with banking establishments, police and similar bodies of other countries.


It allows to centralize in scale of the state all items of information able to facilitate search, suppression and preventive maintenance of these crimes. Now all questions of international cooperation in considered sphere of the international relations are assigned to the  Interpol.


At the same time lot of norms of the Convention are obsolete, and its text requires essential updating.


First of all it concerns to expansion of concept of «token moneys». Fakes of the bills, letters of credit, cheques marks of a postage and other securities are widespread today. However in the Convention such offences are not considered as criminal. That mostly  can be told about a counterfeit of token moneys which are not taking place in circulation, and about exportation of fake money abroad. These disadvantages of the Convention are compelled to fill national norms of the criminal legislation, and also bilateral agreements.


The cooperation of the states in the field of struggle against crime is conducted in several directions:


-         Recognition of danger for community of the states certain criminal offences and necessity of application of joint measures for their suppression. Those can be except crimes considered in the present work terrorism, hijacking, illegal trade  of people, etc. The public danger of these crimes is determined in the international agreements.

-         Rendering assistance in searching of the offenders, hiding on the territory of another state. There are two possible ways of realization - through diplomatic  missions and by direct communication between law-enforcement agencies. It is necessary to note the expansion of this direction of cooperation: if before the state addressed to specific country with the request for search or  extradition of a criminal, now this search is conducted in world scale, and the search is conducted not only on absconded criminal, but also on stolen property. With the purpose of simplification of search the informational exchange is carried out sometimes.

-         Help in reception of necessary materials on criminal case(s). In case of fulfillment of a crime or commitment  in several countries or commitment of its part in other state and etc. the witnesses and material proofs can be found in the other state. To receive these materials it is necessary to conduct consecutive actions abroad, that is carried out by sending of the appropriate separate assignment (commissions rogatoires). It can be the assignment to interrogate the witness, to make survey of a place of incident and etc. The agreement defines, what kind of the assignment can be given to the appropriate agency of other state. An agency, which should execute this assignment is guided by the national norms, for want of it the answers to all questions, delivered in the assignment.

-         Rendering the practical help to the separate states in solving the problems of criminality, studying these problems. This kind of the help is expressed in direction of the experts to countries called to render the specific help to define  main directions of struggle against criminality, to give the recommendations for organization correctional of system etc.).

-         Study of problems of criminality and struggle against it. On order to  do it the international congresses, conferences, international organizations, research institutes are organized.

-         Informational exchange. The states frequently agree to grant each other information necessary for successful realization of a consequence and capturing of a criminal, and also other information of criminal character. Also they carry out exchange of information about the sentences concerning the citizens of one country. As a rule such exchange of the information occurs annually.


 The international cooperation of the states is conducted in the following forms:


-         The conclusion of the international agreements. These are the agreements on rendering of the legal help, extradition of criminals, recognition criminality of  certain  offences and etc.

-         Use of international organizations. The states with the purposes of cooperation create universal organizations (UN), regional (ASL, OAU), specialized establishments of the  UN (ILO, WHO), create special organizations (Interpol); Besides in this process also equally participate interstate and non-governmental agencies (International Association of criminal Law, International association of the lawyers -  democrats).


 

Legal bases of cooperation of the states are universal conventions, multilateral agreements or regional conventions, bilateral agreements, activity of international organizations on combating crime.


The section about the legal help on criminal cases consists of three parts:


- Extradition (Convention’1988 articles 56-71)


- Realization of criminal prosecution (article 72-77)


- Special rules about the legal help on criminal cases (article 78-80)


The  part of extradition defines the procedure of extradition, rights and responsibility of competent agencies of the agreeing states is certain(determined). So, for example, agreeing parties obliged according to conditions stipulated by the present Convention, to demand extradition of persons who reside on the territory of other agreeing party, to engage them to the criminal liability or for serving of a sentence (article 56).


Conditions of the responsibility of extradition are:


1. For engagement to the criminal liability it is necessary, that in the criminal legislation of the requesting and required party is determined, that offence as punishable and for which commitment the deprivation of freedom not less than one year or heavier punishment is provided;


2. For execution  of a sentence it is necessary, that in the criminal legislation of the requesting and required party is determined, that offence  as punishable and for which  commitment the deprivation of freedom not less than six months or heavier punishment is provided.

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