Tools
LAP delivers a useful range of legal assistance products to make its advisory services "tool driven", including comprehensive model legislation, guidelines and implementation tools, database computer tools for casework practitioners, casework best practice guidelines and a "Mock trial" case training tool.
Effective 1 October 2002, the United Nations Office for Drug Control and Crime Prevention (ODCCP), formerly the United Nations International Drug Control Programme (UNODC) and the Centre for International Crime Preventions (CICP) has changed its name to the United Nations Office on Drugs and Crime (UNODC). Please note that all documents issued before this date will still carry references to ODCCP and UNODC.
Model Legislation
UNODC's model laws enable governments to translate the obligations under the drug conventions into the detailed powers and operational frameworks necessary to apply them in practice. To the extent permitted by the international drug conventions, individual states may need to make adjustments to the text to more accurately reflect the fundamental principles of their legal systems and constitutions.
Model laws are developed to meet the needs of each world's major legal traditions - the common law, civil law and Islamic law legal tradition. They were drafted to minimize legal conflicts in international casework between cooperating countries from different legal traditions.
The model legislation is accompanied by commentaries, which serve as interpretation and implementation guidelines. The model legislation is continuously upgraded to bring it in line with the common criminal justice system requirements of earlier and later other international anti-crime conventions, including the United Nations Convention against Transnational Organized Crime.
Civil Law Models
- Model Law on the Classification of Narcotic Drugs, Psychotropic Substances and Precursors and on the Regulation of the Licit Trade of Drugs ( French)
- Model Law on Drug Trafficking and Related Offences ( French)
- Model Law on the Abuse of Narcotic Drugs and Psychotropic Substances ( French)
- Model Law on International Cooperation (Extradition and Mutual Legal Assistance) with regard to Illicit Traffic in Narcotic Drugs, Psychotropic Substances and Precursors ( French)
- Model Law on Extradition (2004) ( English)
- Model Law on Mutual Assistance in Criminal Matters (2007) (for both civil and common law systems) ( English)
Common Law Models
- Model Drug Abuse Bill 2000 ( English ) & Commentary ( English )
- Model Drug Court (Treatment and Rehabilitation of Offenders) Bill 2000 ( English ) & Commentary ( English )
- Model Extradition (Amendment) Bill 2000 ( English ) & Commentary ( English )
- Model Foreign Evidence Bill 2000 ( English ) & Commentary ( English )
- Model Mutual Assistance in Criminal Matters Bill 2000 ( English ) & Commentary ( English )
- Model Money Laundering and Proceeds of Crime Bill 2000 ( English ) Commentary ( English ).
- Model Money Laundering, Proceeds of Crime and Financing of Terrorism Bill, 2004 ( English)
- Model Witness Protection Bill 2000 ( English ) & Commentary ( English )
- Model Law on Extradition (2004) ( English)
- Model Law on Mutual Assistance in Criminal Matters (2007) (for both civil and common law systems) ( English)
Islamic Law Models
UNODC assembled in Vienna between 26-28 March 2002 an informal international working group of experts and practitioners in drug law and Islamic law. Its task was to review, and improve UNODC's model legislation to enable member States of the Organization of the Islamic Conference (OIC) to fully implement all three international drug control conventions, in full consistency with Islamic law.
The Group used as the basis for its work UNODC's model laws developed for civil law tradition States, since the legal systems of the majority of OIC member States are based on principles, practice and procedures derived mainly from the civil law and Islamic law traditions. In the process, the Group clarified the relevant Islamic law principles, core concepts and terms. The discussion sessions enabled a useful exchange of information among the participants to better understand the Islamic law (Shari'a ), and its implementation - including review of Ta`zir and Huddud offences, related punishments, and scope for alternatives to punishment in appropriate cases ( see report) .
- Model Law on the Classification of Narcotic Drugs, Psychotropic Substances and Precursors and on the Regulation of the Licit Trade of Drugs ( French)
- Model Law on Drug Trafficking and Related Offences ( French)
- Model Law on the Abuse of Narcotic Drugs and Psychotropic Substances ( French)
- Model Law on International Cooperation (Extradition and Mutual Legal Assistance) with regard to Illicit Traffic in Narcotic Drugs, Psychotropic Substances and Precursors ( French)
Disclaimer: The model legislation is intended solely as a guide for countries wishing to enact or update their national legislation relating to drug control. Copying or altering the original text or any misuse of the model legislation is strictly prohibited. You are advised to verify any information that is reproduced here against original documents.
Other implementation tools, which were developed by the Legal Advisory Programme, include:
- Model Regulation for Civil Law Countries on establishing an Inter-ministerial Commission for the Coordination of Drug Control ( English , French , Spanish )
- UNODC Legal Assistance Needs Questionnaire ( English )
- UNODC Checklist - Justice System Processing of Drug-Related Casework ( English )
- UN Drug Control Conventions Checklist - Main Mandatory Requirements on State Parties ( Chinese, English , French, Russian, Spanish )
Model Treaties |
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- Model Treaty on Extradition (General Assembly resolution 45/116, as amended by General Assembly resolution 52/88) ( English)
- Model Treaty on Mutual Assistance in Criminal Matters (General Assembly resolution 45/117, as amended by General Assembly resolution 53/112) ( English)
- Revised Manuals on the Model Treaties on Extradition and Mutual Assistance in Criminal Matters ( English)
Casework Best Practice Guidelines |
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Through a programme of expert working groups, LAP gathers together the best practitioners in their fields to identify, capture and make available to practitioners best international practice, including what works and what doesn't lessons learned, practical guides and best practice tips.
To date these expert working groups have dealt with:
- Mutual legal assistance
- Asset forfeiture
- Drug abuse offender casework
The reports of the Expert Working Groups are widely used in daily practice by justice systems around the world.
Reports
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Database Computer Tools for Casework Practitioners |
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Existing and current work includes:
This tool helps practitioners streamline the process using a windows-driven programme. The drafting tool will guide casework practitioners through requests with a series of templates. Caseworkers fill in the various data fields and select drop-down menus in each template in order to make requests. When completed, the programme will automatically generate a correct, complete and effective request. The programme also gives access to relevant multilateral, bilateral and regional treaties and agreements and national laws and includes a case management tracking system for incoming and outgoing mutual legal assistance requests. LAP is considering developing similar tools for extradition requests.
- A casework processing and management database for use by drug treatment court teams (judges, prosecutors and healthcare professionals).
- A database tool to enable effective case flow management of all major criminal and civil casework to help reduce court backlogs, and speed up serious crime casework processing.
These tools are/will be available on written request:
United Nations Office on Drugs and Crime
Legal Advisory Programme, P.O. Box 500, A-1400, Vienna
"Mock Trial" Case Training Tool |
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A complete money laundering case file has been developed by LAP in Latin America for use in live training trials for judges, prosecutors and investigators. It allows them to test their legislation and trial skills against international best practice. The first two mock trials were successfully piloted in Ecuador last year. A third was conducted in El Salvador in April 2003 and at least two more are planned to take place in 2003. |