Congress Memory

Challenges and objectives of international criminal policy in the era of the Millennium Declaration

The International Society for Social Defense, created in 1949 to develop in the theoretical elaboration and in the legislative policy a humanistic criminal policy, celebrates a congress every five years in which it studies and elaborates criminal political proposals of interest to the States in particular and to the United Nations, to whose Commission for the Prevention of Crime and the Treatment of Offenders it has had consultative status since its creation. (www.defensesociale.org)

The 21 al 23 of the month of November this year 2012, the Society will hold its XVI Congress in Mexico City, under the patronage of the National Institute of Criminal Sciences of the Attorney General's Office and the Mexican Academy of Criminal Sciences, with the collaboration of the Supreme Court of Justice, the Superior Court of Justice of the Federal District, the National Autonomous University of Mexico, the Max-Planck Institute of Freiburg im Breisgau and the Institute of European and International Criminal Law of the University of Castilla-La Mancha.

The Congress will first address the processes of international criminal harmonization and the intensification of police and judicial cooperation, as well as the creation of regional or hemispheric penal spaces. Secondly, the main challenges facing criminal policy against transnational organized crime. Finally, criminal and preventive aspects of the international financial crisis. All this is part of a scientific program aimed at critical elaboration on the challenges that the declaration of the General Assembly presents to international criminal policy..

The society, as the United Nations Economic and Social Commission itself, dealt with since its inception – which will be addressed by Judge Pedro R. David- of the problem of the treatment and reinsertion of those sentenced, establishing minimum rules for the treatment of inmates and has always pursued a humanist policy, of reducing classes of unnecessary and harmful penalties for individuals and society, such as substitutes for prison sentences and, at the moment, restorative justice. However, in many parts of the world we find ourselves with serious problems of overpopulation and prison overcrowding., of privatization of the penitentiary system and there has been a social and political rise of punitivism, with worrying manifestations both for the effectiveness of the penal system and the protection of human rights. At the same time, It is convenient to attend to the victims in the penal system and reflect on the defects and excesses of the new role that they have been playing in the legislation. The framework for all this reflection is situated in the so-called Vienna Declaration on crime and justice in the face of the challenges of the 21st century, adopted by the General Assembly of the United Nations by resolution 55/59, from 4 from December to 2000, endorsing the Vienna Declaration on Crime and Justice: facing the challenges of the 21st century, approved by the Tenth United Nations Congress on the Prevention of Crime and the Treatment of Offenders, that established the renewed foundations of the criminal policy of the United Nations and that establish the proclamation of the values ​​of justice, of the protection of human rights, of the protection of the victims, crime prevention, of the reintegration of convicts and efficiency in the fight against crime. These aspects will be examined in the first conference and panels 1 and 2 congressional.

As a consequence of the phenomena of economic globalization and internationalization of criminal law, it is of the highest interest to evaluate the processes of harmonization of ideas, penal concepts and theories, as well as reviewing the design of an ambitious international police and judicial cooperation policy, activate existing projects, such as the model extradition treaty, o promote new procedures inspired by recent regionalization experiences in criminal matters. The Congress will pay attention to the most modern processes in the matter. While the issues of the legitimacy and competence of the United Nations Security Council in criminal matters are better known, both in the adoption of specific criminal measures and procedural initiatives before the International Criminal Court, such as those relating to peacekeeping operations in conflict zones - which were addressed at the Congress of the Society in Toledo in 2007- the measures adopted against the financing of terrorism and to ensure the freedom of the seas against piracy are substantially new, which brings us closer to the need to prepare responses to the problem of the so-called failed states, either because they are stateless territories or by states and territories with governments controlled by criminal organizations. It is also timely to analyze the limits of international legal cooperation in the fight against the most serious crimes, both those that fall under the jurisdiction of the International Criminal Court and those that, due to their universal nature, must be prosecuted from any jurisdiction. The problems and limits of the solution of conflicts of jurisdiction must be taken into account for the purpose of establishing organizations of persecution or prosecution of an international or regional nature.. Panels are devoted to these issues. 3 a 5, which are complemented by the conference of U. Sieber on the globalization of cybercrime and the rapid process of its international incrimination.

The United Nations has led a broad process of internationalization and harmonization of criminal instruments, from those related to the suppression of drug and human trafficking to the most modern trafficking, as well as against corruption and organized crime and it seems convenient to review the most general elements and phenomena of the matter, as well as those related to improving the fight against organized crime in general.

In addition to drug trafficking, old forms of trafficking such as human trafficking recently present aggravated forms, such as conduct that begins as human trafficking and ends as massacres. New behaviors also appear and others reappear with more force than before, like identity fraud, falsification of identity documents and titles and trafficking in cultural property as well as polluting waste. Given the difficulty of addressing such a wide catalog of phenomena and to assess the seriousness of each of them, it is convenient to analyze the current estimates of the illicit profits of organized crime presented by the United Nations. It is precisely the financial dimension of this transnational organized crime that constitutes in not a few countries a constant challenge to the democratic order whose seriousness requires unique instruments whose definition and instrumentation must take care of the conditions demanded by any rule of law in the fight against crime.. But it should also not be ignored that this enormous financial force is in a position not only to affect the autonomy and stability of governments, rather, through its presence in the financial markets and in the transnational business fabric, it affects the entire international community and its economic governance.

The second day of the Congress is thus dedicated in its first session (Panel 6) to the presentation and debate of the report "Estimation of the illicit profits resulting from drug trafficking and other forms of transnational organized crime", published by UNODC in November 2011. The successive panels are dedicated to the study of the most delicate legal aspects of the fight against organized crime, both in terms of incrimination, with the problems related to the figure of participation in organized crime, the differences in some legal systems and others between the conspiracy, preparation and cooperation in crime, such as human rights issues that call into question some jurisdictions or criminal procedures or procedural measures against organized crime, very especially the illicit mechanisms of obtaining evidence and prolonged police detentions over time (Panel 7). Illicit profits and tax fraud go hand in hand, only duly laundered profits are able to enter the legal economy, which is not only a moral problem, but political and social. An effective tax system is not only a question of justice but also of combating crime. The fight against the laundering of illicit profits is surely the most effective mechanism against organized crime. Once the proceeds of the crime have been identified, the borders of traditional confiscation have been overcome, resulting in inadmissible mechanisms that collide in their formulation with basic procedural principles., there is no human rights problem in direct confiscation, without the need for criminal intervention, of the ownership of disproportionate income and of unknown origin for the treasury. Legal innovation here, Like almost all innovations born of necessity, has been the extinction of the domain whose concept and effectiveness requirements and the aforementioned problems are examined in the Panels 8 and 9. But if the illicit benefit of organized crime or corruption is located outside the borders of each specific country, the legal problem of asset recovery and its international effectiveness arises, which is difficult in itself from one country to another., but seriously impossible when the flows are located in the so-called tax havens. These black spots in the international economy not only seriously harm the interests of organized societies, as seen in the international financial crisis and in the reaction of the G 20 and the OECD, but very probably its subsistence makes the fight against the most serious organized crime ineffective, what will be examined in the panel 10.

in the present tense, to the founding documents of the United Nations, The Millennium Declaration has been added to the Universal Declaration of Human Rights and the Pacts for its development., adopted in the year 2000 by the General Assembly and from whose declaratory text and its objectives conclusions can and should be drawn for a contemporary criminal policy, that accompanies the great designs of the United Nations and those formulated specifically as objectives of the millennium. The International Society for Social Defense has proclaimed its adherence to the millennium declaration and goals on the occasion of international academic and political action for the abolition of the death penalty and, at least, the adoption of a universal moratorium on 2015. In the future, the Society will deal with other problems related to this penal program that incorporates the Millennium Declaration and its Objectives: fight against hunger deaths, by curable diseases or gender inequalities, among the main, to which is also added an implicit call to reduce deadly violence in the world and the most serious crimes, including those that harm the environment.

Without a doubt, the phenomenon that has most seriously affected progress in achieving the millennium goals for 2015 has been the international financial crisis and the impressive social damage in advanced countries, as well as even more so in developing countries. The need for a diagnosis of criminal responsibilities at the origin of the international financial crisis is evident, and a reflection on the conditions for good governance of the economy of globalization in the future. It is perhaps possible to enunciate the basic data of a criminology of the international financial system and of the inescapable character of recovering the state regulation lost by the work of the highest white collar gentlemen., as well as to prepare proposals that may be useful to the governments of the countries and to global governance so that impunity is excluded for behaviors that in their social effects are similar to those of a war. The third and final day is devoted to all of this., with two conferences on the criminological and criminal legal problem by William Laufer and Francisco Muñoz Conde and three panels, the 11 dedicated to the regulation of markets and the economy, the 12 to public and private corruption and a final one aimed at laying the conditions so that the renewed criminal liability of legal persons and regulatory compliance systems can serve to prevent economic crimes.

The Congress begins and concludes with two solemn academic acts. The first with the honorary doctorate that the National Institute of Criminal Sciences of Mexico grants to Professor Mireille Delmas-Marty, emeritus professor at the Sorbonne, of the College de France and member of the French Academy, whose innovative work is projected throughout the world as a stimulating path of harmonization of criminal law that, as President Marc Ancel taught, must effectively fight crime and respect human rights, in each State and –today- in the international arena. The closure is carried out under the auspices of the Mexican Academy of Criminal Sciences, chaired by Sergio Garcia Ramirez, with the delivery of the Cesare Beccaria medal to the current president of the Argentine Court of Cassation, Pedro R. David, and previously interregional adviser for Crime Prevention and Criminal Justice of the United Nations, One.

Scientific Council: Sergio Garcia Ramirez, who presides over it; Ulrich Sieber; Mario Pisani; Francisco Munoz Conde; Lu Yang Ping; Luis Rodriguez Manzanera; Stefano Manacorda; Raul Zaffaroni; Luis Arroyo Zapatero and the Director of INACIPE.

Organizing Committee: Edmondo Bruti Liberati (Secretary General of SiDS); Citlali Marroquin (Secretary General of INACIPE); Francesco Vigano (University of Milan); adam grandson (UCLM); Juliet Knitting (France secondary school); Johanna Caputi (CNPDS), Manuel Espinoza de los Monteros, researcher at the University of Munich Beatriz García-Moreno and Monica Zapico from the Institute of Criminal Law of the University of Castilla la Mancha.

Rapporteurs Committee: Francesco Viganò, general rapporteur (Secretary General and. f. of the SIDS); Ignatius Castillo Val (Criminal Law Assistant, Santiago de Chile and University of Milan); Maria Sierra-Pacheco (researcher, Inacipe); Ana Pamela Romero Guerra (researcher, Inacipe); Master Fabiola Patino (Faculty of Law UNAM); Ana Elisa Liberatore (Prof. Federal University of São Paulo); veronica yamamoto (Judicial Secretary in Buenos Aires and assistant University of Kyoto); Dulce Agaton (Inacid Assistant); Nuno Brandao (University of Coimbra); Beatriz Garcia-Moreno (Castilla-La Mancha university); Monica Zapico Barbeito (Castilla-La Mancha university); Marcelo Castillo Monterey (Central American University of Nicaragua).

Rapporteur for the Superior Court of Justice of the Federal District: Angela Quiroga Quiroga (General Director of the Institute of Judicial Studies of the Federal District).

Commission to select and propose the Beccaria Medal to the general assembly 2013 and the Victoria Kent and Manuel de Lardizábal awards, on the occasion of the celebration of the Congress in Mexico. That integrates Luis Rodríguez Manzanera, Luis de la Barreda Alicia Beatriz Azzolini and Luigi Foffani.

In the general assembly, a Drafting Committee will be constituted for a final Declaration of the SiDS that, based on the contributions of its members, in the work of the congress and other meetings held in recent times allows formulating ideas for reform and improvement of international criminal policy and its national expressions.

Bibliography

1th day: The globalization of crime and the international harmonization of criminal law through international conventions and treaties.

Introduction

• Vienna Declaration on Crime and Justice: facing the challenges of the 21st century
• Vienna Declaration on Crime and Justice: meeting the challenges of the 21st century
• Vienna Declaration on Crime and Justice: Meeting the Challenges of the Twenty-first Century
• Compilation of United Nations standards and norms in the field of crime prevention and criminal justice
• Compendium of United Nations standards and norms in crime prevention and criminal justice
• Compendium of United Nations standards and norms in crime prevention and criminal justice
• United Nations Congresses on Crime Prevention and Criminal Justice 1955–2010
• United Nations Congress on Crime Prevention and Criminal Justice 1955 – 2010
• United Nations Congresses on Crime Prevention and Criminal Justice 1955–2010
• Action Plans for the Implementation of the Vienna Declaration on Crime and Justice: Facing the Challenges of the 21st Century
• CIDH: Report on citizen security and human rights

Panel 1 – Crime prevention, human rights and organized crime

• Hans-Joerg ALBRECHT: Prision Overcrowding.Finding Effective Solutions. strategies and best practices against overcrowding in correctional facilities
• Recommendations of the first meeting of authorities responsible for penitentiary and prison policies of the OAS member states

Panel 2 – Supporting crime control. International programs and mechanisms

• Angela Me – The impact of statistics on decision making related to law enforcement and crime prevention (UNODC)
• Raúl Bemitez THERMOR - Mexico 2010, safety at the crossroads

2th day: Organized crime

Panel 6 – Current dimension of organized crime in the world and its illicit profits

• UNODC: Estimating illicit financial flows resulting from drug trafficking and other transnational organized crimes, October 2011
• Fernando Bermejo Marcos: “The globalization of organized crime”
• UNODC: Organized Crime and instability in Central Africa
• Gonzalez Manrique: a parallel power: organized crime in Latin America
• Dept. US State: The Containment of Transnational Crime
• Red Aravena: Organized crime in Latin America and the Caribbean
• Red Aravena: Violence in Latin America
• Beloved Philip de Andres: West Africa under attack: drugs, organized crime and terrorism as the new threats to global security
• Daniel Sansó-Rubert Pascual: Transnational Organized Crime in Asia-Pacific: Implications for regional and international security
• Friedrich SCHNEIDER – Money laundering and Financial Means of Organized Crime: Some Preliminary Empirical Findings

Panel 7 – Authorship, participation and organized crime

• Vicenzo MILITELLO – Transnational Organized Crime and the European Union: Profiles and Problems
• Claus ROXIN: Problems of authorship artici ation in organized crime
• Claus ROXIN: The domain of organization as an independent form of mediate authorship
• Luis Fernando Niño – Organized Crime
• Sagrario Morán Blanco – Organized Crime in Latin America: The Armed Forces Against Organized Crime in Mexico

Panel 8 – Mechanisms of intervention on the profits of organized crime. Money laundering and tax fraud

• UNODC: Model law on domain extension
• Isidore White Lamb: Extended confiscation and presumption of innocence

Panel 10 – Tax havens and organized crime

• Andrew F. COOPER: The G20 as an improvised crisis committee and/or a contested ‘steering committee’ for the world
• Katarzyna Bilicka & Clemens Fuest: “With which countries do tax havens share information?”
• CISL: “When you have the gold and the Moor. Tax Exemptions Enjoyed by Large Companies”
• Niels JOHANNSEN & Gabriel ZUCMAN: “The End of Bank Secrecy? An Evaluation of the G20 Tax Haven Crackdown”
• David MAYER – Democratic Economics and Improved Governance: Development Policies for the G20
• Claudino PITA – Tax Havens and Harmful Tax Competition

Drug trafficking and consumption

• Genevieve HARRIS: Convicted by the numbers – Threshold quantities in drug policies
• Transnational Institute – Overloaded Systems – Drug Laws and Prisons in Latin America
• EMCDDA – Drug Policy Profiles / Portugal
• Dave Bewley-Taylor: Towards a review of the UN drug conventions. The logic and dilemmas of affinity groups
• WORLD DRUG REPORT – 2012

3th day: International financial crisis and criminal law

Panel 11 – Economic crimes and regulation of the economy

• Tom BLICKMAN – Fighting Unregulated and Illicit Capital Flows. money laundering, tax evasion and financial regulation
• Henk van de Bunt – Walls of secrecy and silence. The madoff case and cartels in the construction industry
• John C. Coffee, JR. – Systemic risk after Dodd-Frank: Contingent capital and the need for regulatory strategies beyond oversight
• Raphael Fernandez, Antonio Estella: New ideas for the regulation of the international financial system. Reform proposals in the framework of the G-20
• Lourdes Beneria, Carmen Sarasua: Economic crimes against humanity
• Zuboff Shoshana: Wall Street’s economic crimes agains humanity

Panel 12 – Public and private corruption

• Colombian anti-corruption statute
• Stolen Asset Recovery – Good Practice Guide for Non-Conviction Asset Forfeiture
• Adan Nieto – The responsibility of legal persons: Outline of a criminal liability model
• Sieber Ulrich – “Company Criminal Law Compliance Programs”

Help with Mexican legislation

• Zaffaroni: The ideology of Mexican penal legislation
• The Mexican Penal Reform – July Decree, 2008
• Federal Law of domain extinction – Art.22 of the Political Constitution of the United Mexican States
• MARTINEZ and MARTINEZ: Mexican criminal law and collateral victims
• Judicial Reform – Mexican Journal of Justice