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Cooperation of individuals to combat organised crime
The judicial system needs evidence in order to convict offenders. Persons who are being prosecuted or convicted sometimes agree to cooperate with the criminal courts, in particular by giving evidence. The Council passed this resolution in December 1996 to stimulate persons to enhance cooperation regarding the judicial process in the European Union in combating international organised crime.
ACT
Council Resolution 97/C 10/01 of 20 December 1996, on individuals who cooperate with the judicial process in the fight against international organised crime.
SUMMARY
The Council calls on Member States to adopt appropriate measures to encourage individuals who participate or have participated in an association of criminals or other criminal organisation of any kind, or in organised crime offences, to cooperate with the judicial process.
For the purposes of this resolution, cooperating with the judicial process includes:
- the composition, structure or activities of criminal organizations,
- links, including international links, with other criminal groups,
- offences which these organizations or groups have committed or might commit,
The Council calls on Member States to assess, in the context of the objectives set out in paragraph 1, the possibility of granting, in accordance with the general principles of their national law, benefits to individuals who break away from a criminal organization and do their best to prevent the criminal activity being carried further, or provide specific help to the police or judicial authorities to collect evidence which proves decisive in reconstructing the facts and identifying the perpetrators of the crimes or leading to their arrest;
The Council calls on Member States to provide appropriate protection measures for any individual and, where necessary, for his parents, children and other persons close to him, who, by virtue of the individual's willingness to cooperate with the judicial process, is or are likely to be exposed to serious and immediate danger; in considering such measures, Member States should have regard to the resolution of 23 November 1995.
The Council calls on Member States to facilitate judicial assistance in the fight against international organised crime in cases involving individuals cooperating with the judicial process, and in particular:
References
Act |
Entry into force |
Deadline for transposition in the Member States |
Official Journal |
Council Resolution 97/C 10/01 |
- |
- |
Official Journal C 10 of 11.1.1997 |
For further information, see the website of the European Commission's Directorate-General for Justice, Freedom and Security .
Last updated: 03.11.2005