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Title On the take : criminalizing illicit enrichment to fight corruption / Lindy Muzila [and others]
Published Washington, D.C. : World Bank, 2012


Description 1 online resource (xv, 102 pages) : illustrations
Series Stolen Asset Recovery (StAR) Series
Stolen asset recovery series.
Contents Machine generated contents note: Methodology -- How to Use This Study -- 1. Basis of Illicit Enrichment -- 1.1. Rationale for Criminalizing Illegal Enrichment -- 1.2. Prosecution of Illicit Enrichment -- 1.3. Origins and Development of the Offense -- 2. Defining Illicit Enrichment -- 2.1. International and Domestic Definitions -- 2.2. Elements of the Offense -- 2.2.1. Persons of Interest -- 2.2.2. Period of Interest or Period of Check -- 2.2.3. Significant Increase in Assets -- 2.2.4. Intent -- 2.2.5. Absence of Justification -- 2.3. Observations -- 3. Human Rights and Constitutional Aspects -- 3.1. Main Principles at Stake -- 3.1.1. Presumption of Innocence -- 3.1.2. Protection against Self-Incrimination -- 3.1.3. Principle of Legality -- 3.2. Legal Presumptions Contained in Offenses Other Than Illicit Enrichment -- 3.3. Protection of the Rights of the Accused in Illicit Enrichment Proceedings -- 3.4. Observations -- 4. Operational Aspects -- 4.1. Triggering Investigations on Illicit Enrichment -- 4.1.1. Income and Asset Disclosures -- 4.1.2. Lifestyle Checks and Complaints -- 4.1.3. Suspicious Transaction Reports -- 4.1.4. Other Investigations -- 4.2. Strengthening Investigations on Illicit Enrichment -- 4.2.1. Domestic Coordination -- 4.2.2. Building a Financial Profile -- 4.2.3. Tools and Skills to Facilitate Investigations -- 4.3. Process and Interaction with the Public Official during the Investigation -- 4.3.1. Stages of the Procedure -- 4.4. Enforcing Illicit Enrichment: The Challenges -- 4.4.1. Access to Registries and Relevant Databases -- 4.4.2. Cash Economies and Valuation of Properties -- 4.4.3. Use of Third Parties -- 4.4.4. Original Solutions to Overcome Challenges -- 4.5. Assessing the Effectiveness of an Illicit Enrichment Regime -- 4.5.1. Penalties and Forfeiture -- 4.5.2. Performance -- 4.6. Observations -- 5. International Cooperation -- 5.1. Addressing Dual Criminality -- 5.2. Meeting Evidentiary and Due Process Standards -- 5.3. Legal Cooperation Regime -- 5.4. Observations -- Appendix A Illicit Enrichment Provisions -- Appendix B Jurisdictions with Illicit Enrichment Provisions and Rankings for Rule of Law, Control of Corruption, and GDP per Capita, 2009 -- Appendix C Illicit Enrichment Questionnaire -- Background Information -- Legal Framework -- Application Data -- International Cooperation -- Asset Recovery -- Challenges -- Boxes -- 1.1. State v. Mzumar: Malawi -- 3.1. Administrative Forfeiture in Switzerland -- 4.1. Related Offenses -- 4.2. Benamis in India -- 4.3. Alsogaray Case in Argentina -- 5.1. U.S. and International Cooperation on Illicit Enrichment -- Figures -- 2.1. General Sequence of Events in an Illicit Enrichment Case -- 4.1. Triggers of Illicit Enrichment Investigations in India -- Tables -- 2.1. Definitions of Illicit Enrichment in International Conventions -- 2.2. Definitions of Illicit Enrichment in National Legislation -- 4.1. Investigation, Prosecution, and Conviction of Illicit Enrichment and Other Corruption Offenses in Argentina, 2000-09
Summary Despite broad international recognition of the criminalization of illicit enrichment, it has not been universally accepted as an anti-corruption measure. Instead, criminalization of illicit enrichment continues to generate extensive debate and controversy. Against this background, this volume aims to provide an analysis of how illicit enrichment works, and attempts to shed light on any contributions that it has made to the fight against corruption and the recovery of stolen assets. Rather than delving into the theoretical and academic debates around illicit enrichment, this study focuses primarily on the analysis of current practice, case law, and existing literature to offer a new perspective to the on-going discussions. More specifically, the volume addresses the legal framework upon which the concept of illicit enrichment rests, and the resulting policy implications of that legal framework. It also focuses on illicit enrichment as an anti-corruption mechanism, from its roots as a response to the problems inherent to prosecutions involving corruption, to an examination of elements and inchoate offenses relating to illicit enrichment under international conventions. It examines illicit enrichment jurisprudence in the global context. An extensive survey was carried out to determine the countries where the offense exists, what form it takes, how often it is used, and for countries where it doesn't, what other measures are used in its place. The authors neither recommend nor oppose the adoption of illicit enrichment provisions, but rather aim to assist jurisdictions considering such steps by highlighting key questions that might arise during implementation, including how the offense is defined and enforced domestically by States. Similarly, the authors do not endorse nor criticize any practice carried out by States in the implementation of the criminalization of illicit enrichment. Ultimately, it is also hoped that this study provides a basis for further discussion amongst policy makers and practitioners, and fuels upcoming discussions by the Conference of State parties of the UNCAC and its Working Groups
Bibliography Includes bibliographical references
Notes Print version record
Subject Unjust enrichment (International law)
LAW -- Criminal Law -- General.
Unjust enrichment (International law)
Form Electronic book
Author Muzila, Lindy.
ISBN 9780821395967