40. One representative introduced the proposals made by his Government as they appear in paragraphs 272 and 273 of the working document to the effect that two additional subparagraphs should be added concerning, respectively, the means for the destruction of controlled substances which have been seized in the illicit traffic, and the provision of other measures, either as an alternative to conviction or punishment or in addition to conviction or punishment, where abusers of drugs had committted one of the offences referred to in paragraph 1. Another representative reserved his position with respect to the proposal to further examine the suggested amendment contained in paragraph 272 of the working document.
41. Commenting on paragraph 3, some representatives referred to the legal problems which might be experienced in countries where aggravating circumstances were taken into consideration as a matter of course by their courts but not necessarily reflected in their national legislation. It was also pointed out that while some of the aggravating circumstances listed in the paragraph were of a general nature, others had a specificity which did not make them applicable in particular countries.
42.
One representative considered that the wording of the introductory sentence should be made stronger by the deletion of the words "where possible". Another representative proposed the insertion of the words "and desirable" after those words.
43.
Several representatives said that the concept of recidivism should be included in the paragraph as it constituted a most important aspect of aggravating circumstances. It was suggested in this connection that the term "recidivism" should be inserted; another suggestion was to speak of "prior convictions under paragraph 1, whether foreign or domestic".
44. It was proposed to amend subparagraph (a) to read "the involvement in other international organized criminal activities". The author of the proposal later agreed to a suggestion that subparagraph (a) remain as it was, and that his proposal be included as a new subparagraph.
45. As regards subparagraph (c), it was suggested that it should apply not only to offenders holding a public office but also to those in the private sector. It was also proposed that the wording be amended as follows: "The international misuse of public authority or office".
46.
Concerning subparagraph (d), it was suggested that in addition to the "victimization", the "utilization" of minors should also be mentioned, as well as the victimization and use of disabled persons or persons suffering from mental or physical handicaps. According to another suggestion the fact that the offence had been committed in the vicinity of places heavily frequented by minors or disabled persons such as schools or rehabilitation centres for the disabled should be taken into consideration.
Second session
47.
The Group resumed its consideration of article 2, taking as a basis for discussion of paragraphs 1 and 2 the original draft and, in appropriate cases, the reformulation with variants arrived at during its first session.
No comments yet.
Private notes are available after approval.