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(6th SESSION, BUDAPEST 30 AND 31 MAY 2005)


Margaret Killerby, Head of the Department of Crime Problems, DG1, Council of Europe

1 16 November 1990

2 See Recommendation Rec (2000)19 on the role of the public prosecution in the criminal justice system

3 The Recommendation contains a specific chapter on international co-operation between prosecutors and this chapter in particular refers to:

4 This Convention is designed to help States prevent terrorism and to reinforce international co-operation concerning prevention. It makes acts of public provocation to commit a terrorist act and recruitment or training for terrorism which may lead to the commission of a criminal offence criminal offences. Co-operation is to be strengthened and the protection and compensation of victims of terrorism improved. There is a duty to investigate for the purpose of prosecution or extradition.

5 This Convention, which deals with the prevention and control of moneylaundering, updates and extends the 1990 moneylaundering Convention and covers the financing of terrorism.

6 This Convention prevents and combats trafficking, deals with victim protection and contains an independent monitoring mechanism: the Group of experts on action against trafficking in human beings GRETA.

7 The Convention aims at pursuing a common criminal policy to protect society against cybercrime. It deals particularly with infringements of copyright, computer-related fraud, child ponography and violations of network security. It also contains a series of powers and procedures such as the search of computer networks and interception.

8 Recommendation Rec (2005)9 ensures that witnesses and collaborators of justice may testify freely and without being subject to any act of intimidation. The question of judicial co-operation and the protection of witnesses and collaborators of justice will now be considered by the Committee of experts on the operation of European Conventions in the penal field (PC-OC) in the light of Article 23 (which deals with witness protection) of the Second Protocol to the European Convention on mutual assistance in criminal matters.

9 Recommendation Rec (2005) 10 contains guidance for the use of such techniques.

10 Warsaw, 17 and 18 March 2005

11 This Conference took place in Helsinki on 7 and 8 April 2005. The European Ministers adopted a number of Resolutions and, for example, agreed on the importance of promoting the restorative justice approach in their criminal justice systems (Resolution No 2 on the social mission of the criminal justice system – restorative justice), resolved to pursue their efforts to reinforce the fight against terrorism and so increase the security of citizens (Resolution No 3 on combating terrorism) and noted the evolution of transborder criminality (Resolution No 5 on the functioning of Council of Europe Conventions on judicial co-operation in criminal matters).

12 16 and 17 May 2005

13 7 to 11 March 2005

14 The CCPE will work in particular with the CDPC and the Consultative Council of European Judges (CCJE) and will have a sufficient institutional link with the CDPC.