NCJ Number
237733
Date Published
October 2011
Length
18 pages
Annotation
In presenting information on United Nations (UN) member countries' implementation of chapter III (Criminalization and Law Enforcement) of the UN's Convention Against Corruption, this report presents information on member countries' successes, good practices, challenges, observations, and technical assistance needs contained in the country review reports.
Abstract
The two major sections of the report focus on issues related to the implementation of the criminalization provisions of chapter III of the Convention and the implementation of the law enforcement provisions of chapter III. The review of the Convention's criminalization provisions examines reported progress in incorporating Convention mandates into national legislation. Progress is reviewed for legislative provisions that encompass the following offenses specified in the Convention's chapter III: bribery of national and foreign public officials and officials of public international organizations; the abuse of power or office and related conduct in the offenses of embezzlement, trading in influence, abuse of functions, and illicit enrichment; and private-sector offenses (bribery and embezzlement). Other offenses specified in the Convention are money laundering, concealment, and obstruction of justice. The review of the implementation of substantive and procedural provisions that support criminalization, the report addresses the liability of legal persons; participation and attempt; knowledge, intent, and purpose; and statute of limitations. Implementation issues related to criminalization also consider progress in implementation measures to enhance criminal justice. This discussion focuses on prosecution, adjudication, and sanctions; freezing, seizure, and confiscation of assets; protection of witnesses, experts, and victims, the protection of reporting persons, the consequences of corruption acts, and compensation for damage. The report's section on the implementation of the Convention's law enforcement provisions considers institutional provisions (specialized authorities, cooperation with law enforcement authorities, cooperation between national authorities, and cooperation between national authorities and with the private sector. Other enforcement issues addressed are bank secrecy, criminal record, and jurisdiction.