International and Transnational Criminal Law

Doogue + George currently has cases running that are across several jurisdictions throughout Asia and the Pacific.

We have recently been involved in allegations of Foreign Bribery in the Pacific and involving the jurisdictions of Singapore, Indonesia and Papua New Guinea. We regularly travel to other countries to take statements from relevant witnesses and to assist our clients’ cases.

We have established international contacts we work with in Asia and the Pacific.

How are International and Transnational Criminal Matters Investigated and Enforced?

Effective investigation and enforcement often require collaboration between countries through mutual legal assistance treaties (MLATs), extradition agreements, and joint task forces. International organisations, such as INTERPOL and the United Nations, play critical roles in facilitating this cooperation.

Australia is a signatory to the United Nations Convention against Transnational Organized Crime. This convention represents the cornerstone of international efforts to combat organised crime and enhance global security by promoting a coordinated and unified approach as between nations. Conventions such as this are sometimes referred to as suppression conventions, which means that they are aimed at suppressing or eliminating certain type of offences. A complexity in enforcing Transnational crimes arises due to differences in legal systems, penalties, procedures, evidence collection and admissibility. Therefore, these suppression conventions go a long way in providing greater consistency in approaches to transnational crime. This highlights the significance of being a signatory to these types of conventions and related protocols.

Australia has enshrined its commitment to combatting international crime in legislation including the Extradition Act 1988 and the Mutual Assistance in Criminal Matters Act 1987.

How Do They Determine Which Country Will Prosecute the Offence?

Determining which country has the greatest legal authority to prosecute a transnational crime can be complex. Issues of jurisdiction will often require negotiation and collaboration between the relevant countries to ensure that all matters are justly determined and that the rights of the accused are protected. The question on proper jurisdiction will involve assessment of where most of the offending took place and whether the legal systems allow for a fair presentation of a defence.

Which Court Will the Matter Be Heard in Australia?

The Court the matter will be heard in will depend on the type of offence and the level of seriousness. Another relevant factor relates to where the investigative team are based. Ask your lawyer which Court your charges are going to be heard in. Doogue + George Defence Lawyers are experts in this field and can guide you through this difficult and often very daunting process.

We contact the investigators and discuss these sorts of issues with them, in additional to bail issues that may arise. Often, the best way to avoid extradition is to make an agreement to attend to pick up charges.

What If I am Not Currently in Australia? Can I Be Extradited?

The short answer is, yes. Although there is a process that needs to be followed and it’s possible that the country you are in won’t grant the request for extradition, it is certainly possible (and even probable) that you would be extradited to Australia to face prosecution. Access this link to read more about the extradition process.