Current Situation of and Recent Trends in the Corrupt Activities of Public Officials, and Criminal Legislation Against Corruption (From Resource Material Series No. 56, P 524-545, 2000, Hiroshi Iitsuka and Rebecca Findlay-Debeck, eds. - See NCJ-191475)

• NCJ Number: 191514
• Author(s): Asmadi Bin Hussin
• Date Published: December 2000
• Length: 22 pages
• Sale Source: United Nations Asia and Far East Institute for the Prevention of Crime and Treatment of Offenders
• Publication Format: Document
• Publication Type: Issue Overview
• Language: English
• Country: Japan
• Note: A paper from the 113th UNAFEI International Training Course, "The Effective Administration of Criminal Justice for the Prevention of Corrupt Activities by Public Officials," August 30-November 18, 1999.

Annotation

This paper reports on the discussions of a working group that focused on the causes of government corruption, current criminal provisions against corruption and their judicial interpretations in the countries represented in the work group, and proposed domestic and international criminal legislative measures against corruption.

Abstract

The countries represented in the work group were Palestine, India, Malaysia, Thailand, China, Japan, and Venezuela. The types of corruption discussed in the work group included bribery, leaking information, abuse of power, breach of trust, conflict of interest, and misappropriation of public funds. The aims of corruption identified were economic and an increase in power or status. Representatives agreed that in their countries corruption involved not only low-ranking public officials but also those holding high positions in government. Also discussed were the impact of corruption and the international dimension of corruption. The latter encompassed trafficking in illegal immigrants and illicit drugs. Some of the causes of corruption were identified as lack of transparency and accountability, broad discretionary power, monopolistic or oligopolistic situations, low salaries, lack of ethical consciousness, and greed. Each country represented outlined current criminal provisions against corruption and their judicial interpretations, followed by a review of proposed domestic and international criminal legislative measures that can be effective against corruption. Provisions considered involved punishment, the subject matter of corruption, confiscation or forfeiture, guarantee of transparency, anti-money laundering laws, enhancement of financial institutions' role, limitations on the activities of former public officials, and the criminalization of bribery of foreign public officials. Recommendations were developed for domestic procedural law and international legislative measures. Appended chart of criminal provisions against corruption in represented countries