A/AC.291/L.15
Article 34. Assistance to and protection of victims
[agreed ad referendum]
1.
Each State Party shall take appropriate measures within its means to provide
assistance and protection to victims of offences established in accordance with this
Convention, in particular in cases of threat of retaliation or intimidation.
2.
Each State Party shall, subject to its domestic law, establish appropriate
procedures to provide access to compensation and restitution for victims of offences
established in accordance with this Convention.
3.
Each State Party shall, subject to its domestic law, enable views and concerns
of victims to be presented and considered at appropriate stages of criminal
proceedings against offenders in a manner not prejudicial to the rights of the defence.
4.
With respect to the offences established in accordance with articles 14 to 16 of
this Convention, each State Party shall, subject to its domestic law, take measures to
provide assistance to victims of such offences, including for their physical and
psychological recovery, in cooperation with relevant international organizations,
non-governmental organizations, and other elements of civil society.
5.
In applying the provisions of paragraphs 2 to 4 of this article, each State Party
shall take into account the age, gender and the particular circumstances and needs of
victims, including the particular circumstances and needs of children.
6.
Each State Party shall, to the extent consistent with its domestic legal
framework, take effective steps to ensure compliance with requests to remove or
render inaccessible the content described in articles 14 and 16 of this Convention.
Chapter V
International cooperation
Article 35. General principles of international cooperation
1.
States Parties shall cooperate with each other in accordance with the provisions
of this Convention, as well as other applicable international instruments on
international cooperation in criminal matters, and domestic laws, for the purpose of:
(a) The investigation and prosecution of, and judicial proceedings in relation
to, the criminal offences established in accordance with this Convention, including
the freezing, seizure, confiscation and return of the proceeds from such offences;
(b) The collecting, obtaining, preserving and sharing of evidence in electronic
form of criminal offences established in accordance with this Convention;
(c) The collecting, obtaining, preserving and sharing of evidence in electronic
form of any serious crime, including serious crimes established in accordance with
other applicable United Nations conventions and protocols in force at the time of the
adoption of this Convention.
2.
For the purpose of the collecting, obtaining, preserving and sharing of evidence
in electronic form of offences as provided for in paragraph 1 (b) and (c) of this article,
the relevant paragraphs of article 40, and articles 41 to 46 of this Convention s hall
apply.
3.
In matters of international cooperation, whenever dual criminality is considered
a requirement, it shall be deemed fulfilled irrespective of whether the laws of the
requested State Party place the offence within the same category of offence or
denominate the offence by the same terminology as the requesting State Party, if the
conduct underlying the offence for which assistance is sought is a criminal offence
under the laws of both States Parties.
V.24-14137
17/41