Magyar közlöny, 2005. december (156-164. szám)
2005-12-06 / 156. szám
2005/156. szám MAGYAR KÖZLÖNY welcoming the entry into force on 29 September 2003 of the United Nations Convention against Transnational Organized Crime, have agreed as follows: Chapter I GENERAL PROVISIONS Article 1 Statement of purpose The purposes of this Convention are: (a) To promote and strengthen measures to prevent and combat corruption more efficiently and effectively; (b) To promote, facilitate and support international cooperation and technical assistance in the prevention of and fight against corruption, including in asset recovery; (c) To promote integrity, accountability and proper management of public affairs and public property. Article 2 Use of terms For the purposes of this Convention: (a) „Public official” shall mean: (i) any person holding a legislative, executive, administrative or judicial office of a State Party, whether appointed or elected, whether permanent or temporary, whether paid or unpaid, irrespective of that person’s seniority; (ii) any other person who performs a public function, including for a public agency or public enterprise, or provides a public service, as defined in the domestic law of the State Party and as applied in the pertinent area of law of that State Party; (iii) any other person defined as a „public official” in the domestic law of a State Party. However, for the purpose of some specific measures contained in chapter II of this Convention, „public official” may mean any person who performs a public function or provides a public service as defined in the domestic law of the State Party and as applied in the pertinent area of law of that State Party; (b) „Foreign public official” shall mean any person holding a legislative, executive, administrative or judicial office of a foreign country, whether appointed or elected; and any person exercising a public function for a foreign country, including for a public agency or public enterprise; (c) „Official of a public international organization” shall mean an international civil servant or any person who is authorized by such an organization to act on behalf of that organization; (d) „Property” shall mean assets of every kind, whether corporeal or incorporeal, movable or immovable-, tangible or intangible, and legal documents or instruments evidencing title to or interest in such assets; (e) „Proceeds of crime” shall mean any property derived from or obtained, directly or indirectly, through the commission of an offence; (f) „Freezing” or „seizure” shall mean temporarily prohibiting the transfer, conversion, disposition or movement of property or temporarily assuming custody or control of property on the basis of an order issued by a court or other competent authority; (g) „Confiscation”, which includes forfeiture where applicable, shall mean the permanent deprivation of property by order of a court or other competent authority; (h) „Predicate offence” shall mean any offence as a result of which proceeds have been generated that may become the subject of an offence as defined in article 23 of this Convention; (i) „Controlled delivery” shall mean the technique of allowing illicit or suspect consignments to pass out of, through or into the territory of one or more States, with the knowledge and under the supervision of their competent authorities, with a view to the investigation of an offence and the identification of persons involved in the commission of the offence. Article 3 Scope of application 1. This Convention shall apply, in accordance with its terms, to the prevention, investigation and prosecution of corruption and to the freezing, seizure, confiscation and return of the proceeds of offences established in accordance with this Convention. 2. For the purposes of implementing this Convention, it shall not be necessary, except as otherwise stated herein, for the offences set forth in it to result in damage or harm to state property. Article 4 Protection of sovereignty 1. States Parties shall carry out their obligations under this Convention in a manner consistent with the principles of sovereign equality and territorial integrity of States and that of non-intervention in the domestic affairs of other' States.