Document ID: chunk:federal_register_of_legislation:C2018C00153:schedule:1:p6
Version: federal_register_of_legislation:C2018C00153
Segment Type: schedule
Provision Reference: sch 1 (pt 6/29)
Character Range: 51084–53930

accordance with paragraph 1 of this article particularly serious, such as:
(a) The involvement in the offence of an organized criminal group to which the offender belongs;
(b) The involvement of the offender in other international organized criminal activities;
(c) The involvement of the offender in other illegal activities facilitated by commission of the offence;
(d) The use of violence or arms by the offender;
(e) The fact that the offender holds a public office and that the offence is connected with the office in question;
(f) The victimization or use of minors;
(g) The fact that the offence is committed in a penal institution or in an educational institution or social service facility or in their immediate vicinity or in other places to which school children and students resort for educational, sports and social activities;
(h) Prior conviction, particularly for similar offences, whether foreign or domestic, to the extent permitted under the domestic law of a Party.
6. The Parties shall endeavour to ensure that any discretionary legal powers under their domestic law relating to the prosecution of persons for offences established in accordance with this article are exercised to maximize the effectiveness of law enforcement measures in respect of those offences and with due regard to the need to deter the commission of such offences.
7. The Parties shall ensure that their courts or other competent authorities bear in mind the serious nature of the offences enumerated in paragraph 1 of this article and the circumstances enumerated in paragraph 5 of this article when considering the eventuality of early release or parole of persons convicted of such offences.
8. Each Party shall, where appropriate, establish under its domestic law a long statute of limitations period in which to commence proceedings for any offence established in accordance with paragraph 1 of this article, and a longer period where the alleged offender has evaded the administration of justice.
9. Each Party shall take appropriate measures, consistent with its legal system, to ensure that a person charged with or convicted of an offence established in accordance with paragraph 1 of this article, who is found within its territory, is present at the necessary criminal proceedings.
10. For the purpose of co‑operation among the Parties under this Convention, including, in particular, co‑operation under articles 5, 6, 7 and 9, offences established in accordance with this article shall not be considered as fiscal offences or as political offences or regarded as politically motivated, without prejudice to the constitutional limitations and the fundamental domestic law of the Parties.
11. Nothing contained in this article shall affect the principle that the description of the offences to which it refers and of legal defences thereto is