, Botswana."
Brazil
15 August 2005
"...the Brazilian government has designated its Ministry of Justice as the central authority for matters related to mutual legal assistance, in accordance with article 18, paragraph 13 of the United Nations Convention against Transnational Organized Crime (Palermo Convention).
Any requests for international legal assistance under the Palermo Convention shall be directed, in Portuguese or in English, to the following focal points:
* International legal assistance
Department of Asset Recovery and International Legal Cooperation (DRCI)
SCN-Block 1-Building A - Office 101
Zip Code: 70711-900
Phone: 00. 55. 61. 429 8900
Fax: 00. 55. 61. 328 1347
E-mail: drci-cgci@mj.gov.br
* Extradition and transference of convicted criminals
Department of Foreigners (DEEST)
Esplanade of Ministries - Ministry of Justice - Building T - Annex II
3rd Floor - Office 305
Zip Code: 70064-900
Phone: 00. 55. 61. 429 3325
Fax: 00. 55. 61. 429 9383
E-mail: deesti@mj.gov.br."
Burkina Faso
...the information below relates to the criminalization of an organized criminal group and of certain offences provided for in the Convention, the extradition regime, the central authority competent to receive and execute requests for mutual legal assistance, and the acceptable language for submitting such requests to Burkina Faso.
I. Criminalization of an organized criminal group, and certain offences covered by the Convention
In the positive law of Burkina Faso, the applicable Penal Code (Act 43/96/ADP of 13 November 1996) criminalizes an organized criminal group.
Article 222 of the Penal Code, which defines the crime of association of offenders, stipulates that "any association or agreement of whatever duration or number of members, formed or established for the purpose of committing crimes against persons or property, shall constitute the crime of association of offenders, which exists by the sole fact of the resolution to act decided by mutual consent".
Articles 223 and 224, which punish that offence, set the following penalties for offenders:
- Five to 10 years of imprisonment for any person belonging to the association or agreement defined in article 222;
- Ten to 20 years of imprisonment for the leaders of such an association or agreement.
The Penal Code of Burkina Faso accordingly criminalizes the existence of an organized criminal group as a separate offence, before the commission of any act that is the subject of the agreement.
It should also be pointed out that the Penal Code allows for the extension of the prosecution of members of an organized group to persons outside the group who have participated in the commission of an offence by the group, as associates or accomplices (arts. 64 and 65 of the Penal Code). Receiving, which is defined as the knowing possession or enjoyment of proceeds of crime or of money laundered from drug trafficking by an individual, is also a crime under articles 508 to 510 and article 446 of the Penal Code.
With regard to corruption, whose criminalization has been recommended by the United Nations Convention against Transnational Organized Crime, it should be noted that the Penal Code of Burkina Faso, in articles 156 and 160, defines and imposes penalties for the commission of such an offence.
Regarding the criminal liability of legal persons, the Penal Code allows for the establishment of such liability, since article 64, paragraph 2, thereof provides that "any legal person having a civil, commercial, industrial or financial purpose on whose behalf or in whose interest the act of commission or omission that constitutes an offence has been wilfully perpetrated by its organs sh
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