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31

Aug
2022

Legal news

Criminal law

International and European law

31/ Aug
2022

Legal news

Criminal law — International and European law

Partial withdrawal of a reservation to the Council of Europe Criminal Law Convention on Corruption (ETS No. 173) (July 2022)

The Criminal Law Convention on Corruption of 27 January 1999 (ETS No. 173, rendered enforceable in Monaco by Order No. 1089 of 4 May 2007), was ratified on 19 March 2007 and has been in force in respect of Monaco since 1 July 2007.

The Principality has partially withdrawn its reservation to Article 17 of the Convention (as from 1 April 2022) concerning the establishment of its jurisdiction when the perpetrator of a criminal offence covered by the Convention is one of its nationals, one of its public officials or one of its members of national public assemblies, or when the offence involves one of its public officials or members of its national public assemblies or any of the persons referred to in Articles 9 to 11 of the Convention who is at the same time one of its nationals [Sovereign OrderNo. 394 of 394 of 29 July 2022 (JDM No. 8604 of 19 August 2022)).

Henceforth, the Principality of Monaco reserves the right not to establish its jurisdiction over a criminal offence referred to in Article 14 – Accounting offences (previously, absolute reservation regardless of the criminal offence in question covered by the Convention) when the offender is one of its nationals and the acts are not punishable under the legislation of the country where they were committed.

Furthermore, where the criminal offence referred to in Articles 13 – Laundering of proceeds from corruption offences or 14 – Accounting offences (previously, absolute reservation, irrespective of the relevant criminal offence covered by the Convention) involves one of its public officials or members of its public or national assemblies or any of the persons referred to in Articles 9 to 11 (international civil servants, members of international parliamentary assemblies, judges and officials of international courts) who is at the same time one of its nationals, the rules of jurisdiction set out in paragraphs 1. b and c of Article 17 apply without prejudice to what is established in Articles 5 to 10 of the Monegasque Code of Criminal Procedure relating to the exercise of public action for crimes committed outside the Principality.

The Principality was able to partially withdraw its reservation in view of the legislative amendments made (new Article 6-1-1 of the Code of Criminal Procedure inserted by Law No. 1521 of 11 February 2022) to comply with GRECO Recommendation XIV (GrecoRC3(2016)4), but which did not allow for a total withdrawal of the reservation.

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