Resolução da Assembleia da República n.º 47/2007, de 21 de Setembro de 2007
ASSEMBLEIA DA REPÚBLICA Resolução da Assembleia da República n.º 47/2007 Aprova a Convenção contra a Corrupção, adoptada pela Assembleia Geral das Nações Unidas em 31 de Outubro de 2003 A Assembleia da República resolve, nos termos da alí- nea
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do artigo 161.º e do n.º 5 do artigo 166.º da Cons- tituição, o seguinte: Artigo 1.º Aprovar a Convenção contra a Corrupção, adoptada pela Assembleia Geral das Nações Unidas em 31 de Outubro de 2003, cujo texto, na versão autenticada em língua inglesa e respectiva tradução em língua portuguesa, se publica em anexo.
Artigo 2.º Declarar, para efeitos do disposto no n.º 13 do artigo 46.º da Convenção, que a autoridade central para receber, exe- cutar ou transmitir os pedidos de auxílio judiciário é a Procuradoria-Geral da República.
Artigo 3.º Declarar, para efeitos do disposto no n.º 3 do artigo 6.º da Convenção, que a entidade responsável pelo auxílio a outras Partes a desenvolver e aplicar medidas específicas para prevenir a corrupção é a Direcção-Geral da Política de Justiça do Ministério da Justiça.
Aprovada em 19 de Julho de 2007. O Presidente da Assembleia da República, Jaime Gama.
UNITED NATIONS CONVENTION AGAINST CORRUPTION Preamble The States Parties to this Convention: Concerned about the seriousness of problems and threats posed by corruption to the stability and security of socie- ties, undermining the institutions and values of democracy, ethical values and justice and jeopardizing sustainable development and the rule of law; Concerned also about the links between corruption and other forms of crime, in particular organized crime and economic crime, including money-laundering; Concerned further about cases of corruption that in- volve vast quantities of assets, which may constitute a substantial proportion of the resources of States, and that threaten the political stability and sustainable development of those States; Convinced that corruption is no longer a local matter but a transnational phenomenon that affects all societies and economies, making international cooperation to prevent and control it essential; Convinced also that a comprehensive and multidiscipli- nary approach is required to prevent and combat corruption effectively; Convinced further that the availability of technical assistance can play an important role in enhancing the ability of States, including by strengthening capacity and by institution-building, to prevent and combat corruption effectively; Convinced that the illicit acquisition of personal wealth can be particularly damaging to democratic institutions, national economies and the rule of law; Determined to prevent, detect and deter in a more effec- tive manner international transfers of illicitly acquired assets and to strengthen international cooperation in asset recovery; Acknowledging the fundamental principles of due pro- cess of law in criminal proceedings and in civil or admi- nistrative proceedings to adjudicate property rights; Bearing in mind that the prevention and eradication of corruption is a responsibility of all States and that they must cooperate with one another, with the support and involvement of individuals and groups outside the public sector, such as civil society, non-governmental organiza- tions and community based organizations, if their efforts in this area are to be effective; Bearing also in mind the principles of proper mana- gement of public affairs and public property, fairness, responsibility and equality before the law and the need to safeguard integrity and to foster a culture of rejection of corruption; Commending the work of the Commission on Crime Prevention and Criminal Justice and the United Nations Office on Drugs and Crime in preventing and combating corruption; Recalling the work carried out by other international and regional organizations in this field, including the activities of the African Union, the Council of Europe, the Customs Cooperation Council (also known as the World Customs Organization), the European Union, the League of Arab States, the Organization for Economic Cooperation and Development and the Organization of American States; Taking note with appreciation of multilateral instruments to prevent and combat corruption, including, inter alia, the inter-American Convention against Corruption, adopted by the Organization of American States on 29 March 1996, the Convention on the Fight against Corruption involving Offi- cials of the European Communities or Officials of Member States of the European Union, adopted by the Council of the European Union on 26 May 1997, the Convention on Combating Bribery of Foreign Public Officials in internatio- nal Business Transactions, adopted by the Organization for Economic Cooperation and Development on 21 November 1997, the Criminal Law Convention on Corruption, adopted by the Committee of Ministers of the Council of Europe on 27 January 1999, the Civil Law Convention on Corruption, adopted by the Committee of Ministers of the Council of Europe on 4 November 1999, and the African Union Con- vention on Preventing and Combating Corruption, adopted by the Heads of State and Government of the African Union on 12 July 2003; Welcoming the entry into force on 29 September 2003 of the United Nations Convention against Transnational Organized Crime; have agreed as follows: CHAPTER I General provisions Article 1 Statement of purpose The purposes of this Convention are:
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To promote and strengthen measures to prevent and combat corruption more efficiently and effectively;
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To promote, facilitate and support international coo- peration and technical assistance in the prevention of and fight against corruption, including in asset recovery;
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To promote integrity, accountability and proper ma- nagement of public affairs and public property.
Article 2 Use of terms For the purposes of this Convention:
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«Public official» shall mean:
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Any person holding a legislative, executive, adminis- trative or judicial office of a State Party, whether appointed or elected, whether permanent or temporary, whether paid or unpaid, irrespective of that person's seniority; ii) Any other person who performs a public function, including for a public agency or public enterprise, or pro- vides a public service, as defined in the domestic law of the State Party and as applied in the pertinent area of law of that State Party; iii) Any other person defined as a «public official» in the domestic law of a State Party.
However, for the purpose of some specific measures contained in chapter II of this Convention, «public official» may mean any person who performs a public function or provides a public service as defined in the domestic law of the State Party and as applied in the pertinent area of law of that State Party;
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«Foreign public official» shall mean any person hol- ding a legislative, executive, administrative or judicial office of a foreign country, whether appointed or elected and any person exercising a public function for a foreign country, including for a public agency for public enterprise;
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«Official of a public international organization» shall mean an international civil servant or any person who is authorized by such an organization to act on behalf of that organization;
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«Property» shall mean assets of every kind, whether corporeal or incorporeal, movable or immovable, tangible or intangible, and legal documents or instruments, eviden- cing title to or interest in such assets;
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«Proceeds of crime» shall mean any property deri- ved from or obtained, directly or indirectly, through the commission of an offence; f ) «Freezing» or «seizure» shall mean temporarily pro- hibiting the transfer, conversion, disposition or movement of property or temporarily assuming custody or control of property on the basis of an order issued by a court or other competent authority;
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«Confiscation», which includes forfeiture where ap- plicable, shall mean the permanent deprivation of property by order of a court or other competent authority;
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«Predicate offence» shall mean any offence as a result of which proceeds have been generated that may become the subject of an offence as defined in article 23 of this Convention;
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«Controlled delivery» shall mean the technique of allowing illicit or suspect consignments to pass out of, through or into the territory of one or more States, with the knowledge and under the supervision of their competent authorities, with a view to the investigation of an offence and the identification of persons involved in the commis- sion of the offence.
Article 3 Scope of application 1 -- This Convention shall apply, in accordance with its terms, to the prevention, investigation and prosecution of corruption and to the freezing, seizure, confiscation and return of the proceeds of offences established in accordance with this Convention. 2 -- For the purposes of implementing this Convention, it shall not be necessary, except as otherwise stated herein, for the offences set forth in it to result in damage or harm to state property.
Article 4 Protection of sovereignty 1 -- States Parties shall carry out their obligations under this Convention in a manner consistent with the principles of sovereign equality and territorial integrity of States and that of non-intervention in the domestic affairs of other States. 2 -- Nothing in this Convention shall entitle a State Party to undertake in the territory of another State the exercise of jurisdiction and performance of functions that are reserved exclusively for the authorities of that other State by its domestic law.
CHAPTER II Preventive measures Article 5 Preventive anti-corruption policies and practices 1 -- Each State Party shall, in accordance with the fundamental principles of its legal system, develop and implement or maintain effective coordinated anti-corrup- tion policies that promote the participation of society and reflect the principles of the rule of law, proper management of public...
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