Doc. 9353

4 February 2002

Harmonisation of criminal law in Europe

Motion for a recommendation

presented by Mr Ionel Olteanu and others

1.       The aftermath of the events of 11 September 2001 has, once more, highlighted the differences in the criminal law systems of Council of Europe member states. These differences can lead to considerable problems in extraditing and/or trying presumed terrorists or other criminals who happen to be nationals of a different member state.

2.        In fact, in recent times there have been a number of incidents unrelated to terrorism which have also aroused public indignation. In one recent case, a country refused to extradite a man accused of murder to another country because that country still had life imprisonment on its statute books; in another case, a man who had killed a woman while driving on the wrong side of the road was fined a small sum of money, while in a different country he would probably have received a prison sentence for unlawful killing.

3.        The problem with Europe’s diverse criminal law systems is that people can lose faith in these systems when they become aware of the discrepancies (as, increasingly, they are). This can lead to a weakening of the acceptance of legal provisions and thus endanger legal security and, ultimately, even the rule of law. Europe’s diverse criminal law systems can also hinder the efficiency of the fight against terrorism.

4.       The Assembly therefore strongly recommends a rapid harmonisation of criminal law in Council of Europe member states. Such harmonisation is not only necessary and desirable, but would also be feasible when based on a step-by-step approach using non-binding but comprehensive guidelines indicating the “ethical minimum” in the areas of criminal procedure, the law of evidence, sentencing and substantive criminal law.

5.        Therefore, the Assembly recommends that the Committee of Ministers draw up such guidelines without delay.

Signed (see overleaf)

Signed : ¹

Olteanu, Romania, SOC

Akçali, Turkey, EDG

Akgönenç, Turkey, EDG

Berceanu, Romania, SOC

Brînzan, Romania, SOC

Cilevics, Latvia, SOC

Clerfayt, Belgium, LDR

Goulet, France, EDG

Lintner, Germany, EPP/CD

Lippelt, Germany, LDR

Lloyd, United Kingdom, SOC

Stepová, Czech Republic, SOC

Stoica, Romania, LDR

Vis, United Kingdom, SOC

¹        SOC: Socialist Group

      EPP/CD: Group of the European People’s Party

      EDG: European Democratic Group

      LDR : Liberal, Democratic and Reformers’ Group

      UEL: Group of the Unified European Left

      NR: not registered in a group