Working Agenda. 09:30 Departure from the Hotel (shuttle transport provided by the police)

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First Meeting of expert to develop a Digest of Organized Crime Cases - Good Practices and Lessons Learned

23-26 May 2011

Scuola Superiore di Polizia, Via Pier della Francesca n° 3 - Rome (Italy)

Working Agenda

Day One: Monday 23 May 2011

09:00 – 09:30 Registration in the Hotel

09:30 Departure from the Hotel (shuttle transport provided by the police)

10:00-11:15 Opening Ceremony: Welcome of Participants and Opening Remarks.

 Mr. Gerardo Cautilli, Director of the Police Academy

 Prefect, Mr. Francesco Cirillo, Deputy Director General for Public Security, Director General of Criminal Police, Ministry of Interior

 Mr. Filippo Dispenza, Director, International Relations Service, Department of Public Security, Ministry of Interior, Italy.

 Counselor, Mr. Giusto Sciacchitano, Anti-Mafia Deputy Prosecutor, National Anti-Mafia Prosecutor’s Office

 Mr. Giuseppe Seán Coppola, General Directorate for Policy and Security Affairs, Ministry of Foreign Affairs of Italy.

 Sra. Monica Dimaté, Chargé d’Affaires, Embassy of Colombia in Rome.  Ms. Simonetta Grassi, Legal Officer, UNODC.

 Mr. Gianni Baldi, Acting-Director of the Specialized Crime and Analysis Directorate – DCO, – Head of Organized Crime and Drugs SubDirectorate , I.C.P.O. - INTERPOL. Display of a video to commemorate the anniversary of the death of Judge Giovanni Falcone.

Session 1: Global Threats posed by organized crime - Aims and scope of the Digest on Transnational Organized Crime Cases.

11:15 – 11:45 Chair: Mr. Stephen Thurlow, UNODC and Mr. Filippo Dispenza, Ministry of Interior. o Global threats and trends posed by transnational organized crime – old and new

forms of organized crime - the Italian perspective (Criminal Police).

o Scope and purpose. Possible structure and content of the digest Proposed methodology of work (Ms. Simonetta Grassi, UNODC).

o General Discussion, Questions & Answers.

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Session 2: Challenges and difficulties in the prevention, investigation and prosecution of transnational organized crime.

12.00-13.00 Chair: Ms. Simonetta Grassi, UNODC, Mr. Gino Polimeni, UNODC, and Ministry for

Foreign Affairs.

o Overall introduction: Problematic issues and major challenges with regard to the criminal justice response to organized crime – concerns addressed in the United Nations Convention against Transnational Organized Crime.

Discussions. 13:00 - 14:00 Lunch break.

Panel 1: Criminalization of organized crime and other substantive criminal law issues

Chair: UNODC and Colombia

14:00 – 15:00 Criminalization of organized crime and related offences

o Introduction: Dealing with associative offences and other forms of participation/membership in criminal groups; inter-related offences and other cross cutting issues related to prosecution, adjudication and sanction; Legislative gaps and challenges (Mr. Giusto Sciacchitano, National Anti-Mafia Prosecutor’s Office, Italy).

o Current projects and operations coordinated by INTERPOL, Mr. Gianni Baldi, INTERPOL

Discussions

15:00 – 18:30 Technical Working Groups on major criminal phenomena, their normative framework and criminal justice responses1

15:00 – 15:10 Preparation of the Working Groups.

(Experts will be asked to present in smaller groups a selection of cases and initiate discussions in the light of the overall introduction provided in the plenary, on relevance of their cases for the purpose of investigating and prosecuting organized crime, as well as start to identify peculiarities, good practices, legislative, investigative and prosecutorial issues that are specific to these specific forms of crime and relevant for the development of the digest).

15:10 – 16:00 Working Groups

1

The number of the working groups and their content will depend on the cases submitted by experts. This is an indicative proposal

Working Group 2

Chair: UNODC Rapporteur: tbd

Trafficking in persons and Smuggling in Migrants.

Working Group 3

Chair: UNODC Rapporteur: tbd

Cybercrime, Trafficking in Cultural Property and Environmental Crimes.

Working Group 1

Chair: UNODC Rapporteur: tbd

Illicit trafficking in drugs, firearms, counterfeiting and money laundering.

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16.00 - 16.15 Coffee break.

16:15 – 1800 Continuation of the Working Groups

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Day Two: Tuesday 24 May 2011

08:45 Departure from the Hotel.

Panel 2: Investigation powers and techniques

09:00 -11:00 Chair: Mr. Stephen Thurlow, UNODC and Mr. Gennaro Capoluongo, Ministry of Interior 09:00 – 10:30 New responses to investigative challenges, (Mr. James Behan, Serious Organized Crime

Agency - SOCA, UK).

Good practice in identification of persons, (Central Anti-crime Directorate, Ministry of Interior and Carabinieri, Italy).

Discussion.

10:30 – 11:30 National casework practice in the use of investigative techniques: presentation of relevant cases and of its peculiarities (7-8’ each followed by specific comments or questions from the floor. Max. 20’ for each case).

(a) Presentation of case from Switzerland on drug trafficking and laundering of proceeds of crime.

General Discussion: good practices, lessons learned.

11.30 – 11:45 Coffee break.

Panel 3 Criminal Procedure: Dealing with Witnesses and collaborators of justice 11.45 - 13.00 Chair: Mr. Stephen Thurlow, UNODC and national expert

o The Italian experience – benefits and limitations, (Central Directorate of Criminal Police, Ministry of Interior, Italy).

National experiences with the protection of witnesses and collaborators of justice:

presentation of relevant cases and of its peculiarities (7-8’ each followed by specific comments or questions from the floor. Max. 20’ for each case).

(a) Presentation of case from the Philippines on trafficking in persons with emphasis on victims’ protection.

(b) Presentation of case from Serbia focusing on victims’ participation in Trial. Discussions: good practices, lessons learned.

13:00 – 14:00 Lunch break.

14:00 – 16:00 Criminal Procedure: Seizure and Confiscation

Chair: Ms. Simonetta Grassi, UNODC and national expert

14:00 – 14:20 Experience in seizure, asset forfeiture and confiscation as preventive and repressive measure (Anti-Mafia Investigation Directorate, Ministry of Interior, Italy).

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14:20 – 16:00 National experience involving seizure and confiscation: presentation of relevant cases and of its peculiarities (7-8’ each followed by specific comments or questions from the floor. Max. 20’ for each case).

(a) Presentation of case from Italy (Accord Operation) on drug trafficking emphasizing on the disposal of assets.

(b) Presentation by the United States Expert on the Forfeiture of Assets.

(c) Presentation of case from South Africa on the trafficking of precious metals, highlighting the procedure on distribution of assets.

(d) Presentation of case from Hungarian on Trafficking in Persons, describing methods used by organized criminal groups to avoid seizure and confiscation.

Discussion: good practices, lessons learned. 16.15 - 16.30 Coffee break.

16.30 - 18.00 Other criminal proceedings and sentencing issues (pre-trial detention, special or

abbreviated criminal proceedings, sentencing, sanctions etc.). Chair: Mr. Gino Polimeni, UNODC and Ministry of Justice Discussions: good practices, lessons learned.

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Day Three: Wednesday 25 May 2011

08:45 Departure from the Hotel.

Session 3: International Cooperation in Criminal Matters

Panel 1 Law Enforcement Cooperation.

09:00 – 11:15 Chair: Mr. Stephen Thurlow, UNODC and Mr. Antonio Montanaro, INTERPOL.

Law Enforcement Cooperation: Major Challenges and Difficulties (Peter Bishop,

Project Director South Africa). Discussion.

National experiences with law enforcement cooperation: presentation of relevant cases

and of its peculiarities (7-8’ each followed by specific comments or questions from the floor. Max. 20’ for each case).

(a) Presentation of case from Serbia (Nisa Operation) on drug trafficking and illegal possession of firearms.

(b) Presentation of case from Italy (Giotto Operation) on money forgery and counterfeiting. Discussions: good practices, lessons learned.

11.15 - 11.30 Coffee break.

Panel 2 Judicial Cooperation – extradition and mutual legal assistance.

Chair: Simonetta Grassi, UNODC and Ministry of Justice of Italy.

11.30 - 13.00 Introduction: Challenges and opportunities for law enforcement and judicial

cooperation. Legal basis and requirements (Mr. Gino Polimeni, UNODC).

 Major challenges and difficulties with extradition of nationals (prosecution in lieu of extradition, dual criminality, Human rights and rule of law considerations etc.). (Ms. Laura Angelina Borbolla, PGR, Mexico)

 European Arrest Warrant, Ms. Tricia Harkin, EUROPOL

National experiences with extradition cases: presentation of relevant cases and of its

peculiarities (7-8’ each followed by specific comments or questions from the floor. Max. 20’ for each case).

(a) Presentation of case from Mexico on extradition of nationals.

(b) Presentation of case from Italy (Broker Operation) on mutual legal assistance and the issuance of EAW.

13:00 – 14:00 Lunch break.

14:00 – 15:00 Mutual Legal Assistance: major challenges and difficulties (execution of requests, factors

inhibiting execution of requests – Ms. Grazia Maria Gianmarinaro, Special Representative and Co-ordinator for Combating Trafficking in Human Beings, OSCE).

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 Facilitation mechanisms: use of networks, liaison magistrates and officers. Role of central authorities (Ms. Grazia Maria Gianmarinaro, Special Representative and Co-ordinator for Combating Trafficking in Human Beings, OSCE).

Discussions.

15:00 – 15:30 National experiences in international judicial cooperation: presentation of relevant cases

and of its peculiarities (7-8’ each followed by specific comments or questions from the floor. Max. 20’ for each case).

(a) Presentation of case from Spain (Petrolero Operation) on the difficulties related to judicial cooperation networks.

(b) Presentation of case from Romania (Rio Operation)on drug trafficking.

(c) Presentation of case from Romania on cybercrime and international cooperation.

(d) Presentation of case from El Salvador on international drug trafficking and smuggling of goods.

Discussions: good practices, lessons learned.

15.30 - 16.00 Coffee break.

16:30 – 18:00 National experiences in international judicial cooperation: presentation of relevant cases

and of its peculiarities (7-8’ each followed by specific comments or questions from the floor. Max. 20’ for each case).

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Day Four: Thursday 26 May 2011

08:45 Departure from the Hotel.

Session 4: Concluding remarks and way forward 09.00-13.00 Chair: UNODC and Ministry of Interior.

09:00 – 11:00 Extrapolating good practices and lessons learned for the development of the Digest of Transnational Organized Crime Cases.

 Brief summary of the discussions (Mr. Gino Polimeni, UNODC).

Discussion: The way forward

 Relevance of the cases and of the working method;

 Need for further integration and homework for experts on selected cases;  Fine-tuning the proposed structure for the Digest and possible annexes;  Preparing for the second meeting of experts;

 Other issues to consider. 11.00 - 11.15 Coffee break.

11.30 – 12:30 Final conclusions 12.30 – 13:00 Closure.

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