By Jeorge Wilson KINGSON
Parliament has begun intensive consideration of the Mutual Legal Assistance Bill, which was laid before it and read for the first time in October, 2009.
The bill seeks to establish a comprehensive legal framework for the implementation of agreements on mutual legal assistance to facilitate the prosecution of transnational crimes and the administration of criminal justice across jurisdictions and related matters.
It provides for the establishment of a one stop-shop legal framework between Ghana and foreign states for the implementation of agreements for mutual legal assistance in the combating of crimes across different jurisdictions.
The report of the Committee on Constitutional Legal and Parliamentary Affairs on the bill observed that if the bill is passed Ghana will not only be discharging its international obligations but will also be enhancing the viability of its legal regimes towards a more effective and efficient combat of transnational crimes.
“The committee has carefully examined the provisions of the bill in the lights of its object and purpose and is of the view the bill is comprehensive enough to address concerns relating to the subject matter. Further to this, the provisions of the bill have been found to be consistent with the tenets of the constitution of the Republic and other relevant statutes,” the report stated.
Ghana’s journey towards the fulfillment of its international obligation by the provision of a legislative framework for mutual legal assistance in combating transnational crime spans over a decade.
Transnational crimes continue to pose serious threats to the international community, particularly in the wake of globalization, with the attendant ease of effective communication across jurisdictions. The unfamiliar nature of the legal systems of various states tends to undermine cooperation between states in the prosecution of crimes across national borders.
Further to this, sovereignty precludes the enforcement of legal processes generally on behalf of a foreign state in another state. There is therefore the need for reciprocal agreements to aid cooperation among states for the prosecution of offenders on different parts of the globe.
Parliament has begun intensive consideration of the Mutual Legal Assistance Bill, which was laid before it and read for the first time in October, 2009.
The bill seeks to establish a comprehensive legal framework for the implementation of agreements on mutual legal assistance to facilitate the prosecution of transnational crimes and the administration of criminal justice across jurisdictions and related matters.
It provides for the establishment of a one stop-shop legal framework between Ghana and foreign states for the implementation of agreements for mutual legal assistance in the combating of crimes across different jurisdictions.
The report of the Committee on Constitutional Legal and Parliamentary Affairs on the bill observed that if the bill is passed Ghana will not only be discharging its international obligations but will also be enhancing the viability of its legal regimes towards a more effective and efficient combat of transnational crimes.
“The committee has carefully examined the provisions of the bill in the lights of its object and purpose and is of the view the bill is comprehensive enough to address concerns relating to the subject matter. Further to this, the provisions of the bill have been found to be consistent with the tenets of the constitution of the Republic and other relevant statutes,” the report stated.
Ghana’s journey towards the fulfillment of its international obligation by the provision of a legislative framework for mutual legal assistance in combating transnational crime spans over a decade.
Transnational crimes continue to pose serious threats to the international community, particularly in the wake of globalization, with the attendant ease of effective communication across jurisdictions. The unfamiliar nature of the legal systems of various states tends to undermine cooperation between states in the prosecution of crimes across national borders.
Further to this, sovereignty precludes the enforcement of legal processes generally on behalf of a foreign state in another state. There is therefore the need for reciprocal agreements to aid cooperation among states for the prosecution of offenders on different parts of the globe.
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