Read e-book online Corruption: A Glossary of International Standards in PDF

By OECD Organisation for Economic Co-operation and Develop

ISBN-10: 9264027408

ISBN-13: 9789264027404

ISBN-10: 9264027416

ISBN-13: 9789264027411

This thesaurus explains the main components required to categorise corruption as a felony act, based on 3 significant overseas conventions: (1) the OECD conference on battling Bribery of overseas Public officers in overseas company Transactions; (2) the Council of Europes legal legislation conference on Corruption; and (3) the United countries conference opposed to Corruption. The thesaurus examines and elaborates at the specifications of the conventions and explains how they are often successfully brought into the nationwide laws. The thesaurus can also be a pragmatic software for tracking nation compliance with the foreign anti-corruption conventions, in addition to elevating understanding of those conventions.Table of content material :IntroductionChapter 1. evaluation of the Conventions-1. OECD conference on Combatting Bribery of international Public officers in foreign company Transactions-2. Council of Europe felony legislation conference on Corruption-3. UN conference opposed to Corruption-4. creation of overseas criteria into nationwide law-5. precis of the Conventions-6. precis of the Participation of Istanbul motion Plan international locations in Anti-Corruption Conventions (as of February 2007)Chapter 2. Definition of Corruption-1. Definition in legal Law-2. Definition for coverage PurposesChapter three. components of the Bribery Offences-1. supplying, Promising or Giving a Bribe to a countrywide Public Official-2. asking for, Soliciting,, Receiving or Accepting a Bribe-3. Bribery of international Public Officials-4. buying and selling in Influence-5. goal and Evidence-6. different Corruption Offences-7. Definition of a Public Official-8. Definition of a Bribe-9. Acts of Public Officials-10. Bribery via Intermediaries-11.Bribes that gain a 3rd PartyChapter four. Sanctions-1. Sanctions Generally-2. ConfiscationChapter five. Defenses and Immunity-1. Defenses-2. Immunity from Prosecution for Public Officials-3. Immunity from Prosecution for people who Co-operate with an research or ProsecutionChapter 6. Statue of LimitationsChapter 7. accountability of felony Persons-1. criteria of Liability-2. Definition of criminal Person-3. the relationship among the Crime and the criminal Person-4. the location Held by way of the traditional Person(s) who Commits the Crime-5. Supervision, regulate, and Due Diligence-6. hyperlink among court cases opposed to usual and felony Persons-7. Sanctions for felony PersonsChapter eight. unique Investigative innovations and financial institution SecrecyChapter nine. Extradition, Mutual felony suggestions, and Asset RecoveryChapter 10. different Corruption-Related Offences-1. The Offence of cash Laundering-2. The Offence of fake Accounting and AuditingChapter eleven. record for tracking Compliance-1. ""Offering, promising or giving"", ""Requesting or soliciting"", ""Receiving or accepting""a Bribe-2. Definition of a Public Official-3. Definition of an Undue Advantage-4. Acts of an Official-5. Intermediaries and 3rd social gathering Beneficiaries-6. Sanction-7. Confiscation-8. Defences and Immunity-9. Statute of Limitations-10. accountability of felony Persons-11. distinctive Investigative suggestions and financial institution Secrecy-12. Mutual felony Assistance-13. funds Laundering-14. Accounting and Auditing-15. specialized AuthorityBibliography

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It also includes cases when an official solicits or receives a bribe through an intermediary. An intermediary can be anyone and does not have to be someone who is connected with the briber or the public official. For example, indirect bribery may occur when a briber uses an agent, a financial institution or a company to transmit an offer, promise or gift to an official on his/her behalf. 16 CORRUPTION: A GLOSSARY OF INTERNATIONAL STANDARDS IN CRIMINAL LAW – ISBN 978-92-64-02740-4 – © OECD 2008 37 3.

3. Legislative Guide for the Implementation of the UN Convention, para. 405 4. For example, see Article 1 of the First Protocol to the European Human Rights Convention. 5. See also Legislative Guide for the Implementation of the UN Convention, para. 399. 6. Explanatory Report, Council of Europe Convention, para. 94; Legislative Guide for the Implementation of the UN Convention, para. 414. 7. Legislative Guide for the Implementation of the UN Convention, paras. 415-417. CORRUPTION: A GLOSSARY OF INTERNATIONAL STANDARDS IN CRIMINAL LAW – ISBN 978-92-64-02740-4 – © OECD 2008 47 4.

Nevertheless, the reviews of these countries did not identify these offences as immediate priorities. This glossary therefore will not deal with these offences, although they could be revisited in the future. 7. 1. National Public official OECD Convention Council of Europe Convention UN Convention Not covered Article 1: For the purposes of this Convention, a. “public official” shall be understood by reference to the definition of “official”, “public officer”, “mayor”, “minister” or “judge” in the national law of the State in which the person in question performs that function and as applied in its criminal law.

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