Article 2 *
PENAL PROVISTONS
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ADEQUACY OF SANCTIONS
E/CN.7/1987/2
рабе 7
1. Subject to its constitutional limitations, legal system and domestic law, cach Party shall adopt such measures as may be necessary to establish as
serious offences under its criminal law:
(a) Illicit traffic;
(b) Manufacture, distribution or possession of materials or equipment intended for use in the illicit production or manufacture of narcotic drugs. or psychotropic substances;
(c) Acquisition, possession, transfer or laundering of proceeds derived from or used in the illicit traffic;
(d) Intentional participation in, conspiracy to commit, attempts to commit, and aiding, abetting and counselling the commission of any offences under subparagraphs (a), (b), and (c).
2.
Offences enumerated in paragraph 1 of this article shall be made liable to adequate punishment, including in particular:
(a) Imprisonment or other forms of deprivation of liberty for a
substantial period of time;
(b) Pecuniary penalties or fines commensurate to the nature and gravity of the offence;
&
(c) Forfeiture of goods or property involved in the perpetration of the offence;
(d) Forfeiture of proceeds as provided in article 3 of this Convention;
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3. The Parties shall take into consideration, where possible, constituting aggravating circumstances for offences enumerated in paragraph 1 of this article:
(a) The involvement of organized criminal groups;
(b)
The use of firearms or violence;
(c)
(d)
The fact that the offender holds a public office; The victimization of minors.
Each of the offences enumerated in paragraph 1 of this article, if committed in different countries, shall be considered a distinct offence.
4.
5. Foreign convictions for the offences enumerated in paragraph 1 of this article shall be taken into account for the purpose of establishing recidivism.
6.
Offences enumerated in paragraph 1 of this article committed either by nationals or by non- nationals shall be prosecuted either by the Party in whose territory the offence was committed or by the Party in whose territory the offender is found.
* Refers to element (i)