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China proceeds legislation against cross-border corruption, closing legal gap in overseas probe, fugitive hunt and asset recovery: expert_我的网站

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A |     New Delhi, Oct 21 (UNI) Union Home Minister Amit Shah on Friday said that terrorism is the biggest violation of human rights. In order to fight cross border terrorism, cross border cooperation is very important, and for this Interpol is the best platform.

Shah said all countries must agree on the definition of terrorism and terrorist, Ministry of Home Affairs in a statement stated.

Shah said this during his address at the closing session, of Interpol’s 90th General Assembly, organized in New Delhi during the 75th year of India’s independence.

Today, terrorism is a global problem and it is very appropriate that it is the first and most important of the 7 global policing goals of Interpol for the period 2020-2025, he added.

Over the last 100 years, Interpol has become a very large and effective platform, comprising 195 countries, that has been playing a very important role in controlling crime across the world, he said.

India is one of the oldest members of Interpol. It joined Interpol in 1949, Shah said.

The criminal justice system is not something new for India. Whenever the concept of ‘state’ was introduced, policing must have emerged as the first responsibility of the state. The security of its citizens is for any state, its first responsibility, he said.

In order to control criminals, a justice system is a necessary aspect of any effective and successful governing mechanism. It is only justice that can ensure good governance in society, he added

The Indian government has established the National Forensic Science University.

The key pillars of criminal justice that form the ICJS (Inter operable criminal justice system) e-courts, e-prisons, e-forensics and e-prosecution have been linked to Crime and Criminal Tracking Network and systems (CCTNS), he said.

The Indian government has also decided to create a national database on crimes such as terrorism, narcotics and economic offences. It has established the Cyber Crime Coordination Center to combat cyber-crime in a comprehensive manner, he added.

"Today crime has become borderless, and if we want to stop this kind of crime and these criminals, we all have to think beyond conventional geographic borders," he said.

On the one hand law has to enforced within the confines of the sovereignty of nations,

On the other hand, we have to understand the global nature of crime, detect criminals and worry about justice as well.

In the midst of these challenges, to make the work of security agencies easier, the role of Interpol is very important and will become even more important in the future, he said.

The commitment to fight terrorism together, and narratives such as good terrorism, bad terrorism and small and big attacks, do not go together, he added.

"We cannot consider this a political problem. We must all be committed to ensuring that an effective fight against terrorism should be long term, comprehensive and sustainable," he said.

India is committed to working with Interpol to fight all forms of terrorism and to provide technical assistance and human resources.

"We have seen in many countries that the Interpol nodal agency and the counter terror agencies are different. Given this situation, in order to fight terrorism, we will have to bring together all the counter terrorism agencies of the world," Shah said.

"In this regard, I request Interpol to launch an initiative to set up a permanent mechanism for a real time information exchange line between counter terror agencies of all member countries," he said.

UNI CM SHK1815。    

    
An animated picture features Chinese law enforcement official tracking back a fugitive who flees overseas with his ill-gotten asset during the Skynet operations, China's project to track down fugitives. Photo:VCG
    An animated picture features Chinese law enforcement official tracking back a fugitive who flees overseas with his ill-gotten asset during the Skynet operations, China's project to track down fugitives. Photo:VCG
Chinese lawmakers began reviewing a draft law on combating cross-border corruption on Tuesday, a legislation which experts believe would help close legal gaps in investigating overseas corruption, pursuing fugitives and recovering illicit assets, while strengthening international cooperation and corporate compliance.
The draft was submitted for its first reading to the ongoing session of the Standing Committee of the National People's Congress, the country's top legislature, per Xinhua News Agency.
Huo Zhengxin, a professor at the China University of Political Science and Law, told the Global Times that the draft law represents a dedicated piece of legislation within China's anti-corruption legal framework and a major step forward in the country's law-based governance of foreign-related affairs. It will fill a legislative gap in combating cross-border corruption, Huo said.
As Chinese companies expand business overseas, cross-border corruption cases face challenges in obtaining evidence abroad, pursuing fugitives and recovering illicit assets. Existing anti-corruption laws have faced limitations in addressing such cases involving foreign affairs, making such dedicated legislation necessary, Huo said. 
Structured into six chapters and 47 articles, the draft sets out the principles, scope and key provisions underpinning China's efforts to combat cross-border corruption. It also defines relevant operational mechanisms and institutional responsibilities, and seeks to strengthen case handling and international cooperation.
The draft further clarifies enterprises' obligations regarding integrity and compliance, and specifies legal liabilities for violations.
As one of the experts involved in drafting the legislation, Huo said a key innovation of the draft is to strengthen international cooperation and corporate integrity and compliance obligations. As evidence, suspects and illicit assets in cross-border corruption cases are often located overseas, the draft provides mechanisms including extradition, mutual legal assistance and repatriation, while aligning with relevant rules under the UN Convention against Corruption (UNCAC), said the expert.
The draft also makes clear that Chinese companies operating overseas, including both state-owned and private enterprises, have legal obligations to uphold integrity and compliance with domestic laws, Huo said.
The legislation would also codify practices accumulated through China's past campaigns against cross-border corruption, such as Sky Net and Fox Hunt operations, turning them into a more systematic legal framework and strengthening the law's deterrent effect, according to Huo.
The draft law is a practical step to regulate the development of cross-border businesses and help build a world-class business environment aligned with market principles, the rule of law and international standards, Xinhua noted.
It is also expected to expand the legal tools available to combat cross-border corruption and help address challenges in detecting corruption, collecting evidence, recovering illicit assets and securing convictions, according to the report.
In January, CCTV News reported on the case of a former senior executive of China National Offshore Oil Corporation, who was accused of accepting large amounts of bribes that were concealed overseas, with a businessman allegedly acting as a "front" to collect the illicit payments.
The draft's explicit corporate integrity and compliance requirements would make it harder for individuals to disguise bribery and other corrupt practices through overseas projects in an attempt to circumvent domestic oversight, while further clarifying the extraterritorial reach of China's anti-corruption laws, Huo said.
The draft also contains provisions to counter the use of foreign countries' domestic anti-corruption laws to exercise "long-arm jurisdiction" over Chinese companies, which Huo described as another important innovation in China's foreign-related legal framework.
China has been deepening its efforts in international anti-corruption cooperation, with 963 corrupt fugitives repatriated to the country in 2025, according to a work report from the country's top anti-graft body, Xinhua reported.

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