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UN Treaty Against Organized Crimes Takes Effect

The United Nations Convention against Transnational Organized Crime -- the first legally binding treaty of its kind -- entered into force Monday after being ratified by more than 40 countries.

Chinese legal experts Monday hailed the convention as a useful instrument to help fight corruption more effectively, including by catching corrupt officials who have fled to foreign countries.

The convention was opened for signature in December 2000 and the Standing Committee of the 10th National People's Congress, China's top legislative body, ratified it last month.

The convention aims to promote international cooperation between different countries' police forces and judiciary to prevent and combat transnational organized crime.

Chen Guoqing, vice-director of the Legal Policy Research Division of the Supreme People's Procuratorate, said the convention would give China legal support in the hunt for criminal suspects who have fled to foreign countries, especially corrupt officials.

Official figures indicate that more than 4,000 suspected corrupt officials are now at large, with some 5 billion yuan (US$605 million) in illicit money in their hands.

Tian Hongjie, associate professor with the Department of Law of the Chinese People's Public Security University in Beijing, said: "By performing its duties under the convention, China will improve domestic legislation on corruption and strengthen international cooperation in fighting such crime.''

Under the convention, member states are required to take any legislative and other measures that may be necessary to combat money laundering, corruption, the obstruction of justice and the participation in an organized criminal group.

China's Criminal Code stipulates that a person commits the crime of taking a bribe when he or she illegally takes property from others by taking advantage of his or her position.

But the convention has a broader definition, referring to the intentional "solicitation or acceptance by a public official, directly or indirectly, of an undue advantage.''

Tian said improved Chinese legislation will certainly lead to an intensified crackdown on corruption.

The convention has also established mechanisms for international cooperation in extraditions and the sharing of intelligence.

Chen Zexian, a researcher with the Institute of Legal Studies of the Chinese Academy of Social Sciences, said: "Coordinated efforts to enhance international judicial assistance serve the interests of all (United Nations) member states.''

Tian said the convention would help simplify extradition procedures.

(China Daily September 30, 2003)

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