NCJ Number
197457
Journal
International Review of Penal Law Volume: 72 Issue: 3 Dated: 2001 Pages: 891-943
Date Published
2001
Length
52 pages
Annotation
This report from the 17th International Congress of Penal Law explores what the reasons behind the transformation of the fight against corruption are and what the effects are of the requirements laid down in the international instruments to enhance the effectiveness of the fight against corruption.
Abstract
Under most legal systems dating back to 1810, corruption was an offense against public order and a behavior by public officials who misused their public office in exchange for advantages. During the 19th Century, both the preventive and the repressive goals of corruption were limited to national civil servants. The corruption of foreign officials was not viewed as worth bothering with during this time. There was a narrow scope of corruption not allowing for provisions to deal with corruption outside the national territory. However, by the end of the 20th Century, the international dimension to the fight against corruption came to the forefront. This report examines this transformation from a national to an international law enforcement model. In this examination, an attempt is made to study the goals of the international fight against corruption and the main international instruments drawn up to further these goals, to analyze the requirements posed by these international legal instruments regarding the incrimination of corruption, to scrutinize the problems and solutions to jurisdiction problems, and to highlight the international cooperation in the fight against transnational corruption. Three main obstacles in the international fight against transnational corruption include: (1) the divergent notions of corruption under domestic criminal law and the lack of incrimination of corruption of foreign and international officials; (2) the lack of jurisdiction; and (3) the obstacles to efficient international cooperation. In addition, several concepts are presented on the need for a global convention on the fight against transnational and international corruption including substantive law and procedural law.