Traduction de «Procédure de répression d'une infraction » (Français → Anglais) :

Without prejudice to the obligations of Member States under the ECHR to ensure the right to a fair trial, proceedings in relation to minor offending which take place within a prison and proceedings in relation to offences committed in a military context which are dealt with by a commanding officer should not be considered to be criminal proceedings for the purposes of this Directive.

C. whereas the international community has established a solid system of international agreements and standards dealing with corruption, money laundering and law enforcement, with special regard to the 2003 United Nations Convention against Corruption; whereas asset recovery lies at the point where these efforts intersect; whereas Article 51 of the UNCAC declares that the return of assets ‘is a fundamental principle of this Convention, and States Parties shall afford one another the widest measure of cooperation and assistance in this regard’, while Article 46.1. stresses that ‘States Parties shall afford one another the widest measure ...[+++] of mutual legal assistance in investigations, prosecutions and judicial proceedings in relation to the offences covered by this Convention’;

Imposing sanctions for repeated minor infringements committed in a Member State other than the Member State of establishment would entail minor infringements being notified to the Member State of establishment by the Member State in which the offence was committed.

Article 46 permits each Contracting Party, in particular cases, in compliance with its national legislation and without being asked, to send another Contracting Party concerned 'any information which may be of interest to it in helping prevent future crime and to prevent offences against or threats to public order and security'.

(b) within the framework of Title VI of the Treaty on European Union, customs cooperation seeks to suppress customs offences. This involves detecting, investigating and prosecuting infringements of national customs law and prosecuting and punishing infringements of Community law, particularly by means of criminal proceedings.

In their dealing with crime, police perform a double function: On one hand, they collect information to detect crime and threats to public security and, on the other hand, they investigate crime, providing support to the judicial authorities in their prosecution activities.