Corruption: A Glossary of International Standards in Criminal Law PDF
98 Pages·2008·0.629 MB·English
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This Glossary explains the key elements required to classify corruption as a criminal act, according to three major international conventions: (1) the OECD Convention on Combating Bribery of Foreign Public Officials in International Business Transactions; (2) the Council of Europes Criminal Law Convention on Corruption; and (3) the United Nations Convention against Corruption. The Glossary examines and elaborates on the requirements of the conventions and explains how they can be effectively introduced into the national legislation. The Glossary is also a practical tool for monitoring country compliance with the international anti-corruption conventions, as well as raising awareness of these conventions.Table of Content :IntroductionChapter 1. Overview of the Conventions-1. OECD Convention on Combatting Bribery of Foreign Public Officials in International Business Transactions-2. Council of Europe Criminal Law Convention on Corruption-3. UN Convention against Corruption-4. Introduction of International Standards into National law-5. Summary of the Conventions-6. Summary of the Participation of Istanbul Action Plan Countries in Anti-Corruption Conventions (as of February 2007)Chapter 2. Definition of Corruption-1. Definition in Criminal Law-2. Definition for Policy PurposesChapter 3. Elements of the Bribery Offences-1. Offering, Promising or Giving a Bribe to a National Public Official-2. Requesting, Soliciting,, Receiving or Accepting a Bribe-3. Bribery of Foreign Public Officials-4. Trading in Influence-5. Intention and Evidence-6. Other Corruption Offences-7. Definition of a Public Official-8. Definition of a Bribe-9. Acts of Public Officials-10. Bribery through Intermediaries-11.Bribes that Benefit a Third PartyChapter 4. Sanctions-1. Sanctions Generally-2. ConfiscationChapter 5. Defenses and Immunity-1. Defenses-2. Immunity from Prosecution for Public Officials-3. Immunity from Prosecution for Persons who Co-operate with an Investigation or ProsecutionChapter 6. Statue of LimitationsChapter 7. Responsibility of Legal Persons-1. Standards of Liability-2. Definition of Legal Person-3. The Connection between the Crime and the Legal Person-4. The Position Held by the Natural Person(s) who Commits the Crime-5. Supervision, Control, and Due Diligence-6. Link Between Proceedings Against Natural and Legal Persons-7. Sanctions for Legal PersonsChapter 8. Special Investigative Techniques and Bank SecrecyChapter 9. Extradition, Mutual Legal Assistance, and Asset RecoveryChapter 10. Other Corruption-Related Offences-1. The Offence of Money Laundering-2. The Offence of False Accounting and AuditingChapter 11. Checklist for Monitoring 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 Third Party Beneficiaries-6. Sanction-7. Confiscation-8. Defences and Immunity-9. Statute of Limitations-10. Responsibility of Legal Persons-11. Special Investigative Techniques and Bank Secrecy-12. Mutual Legal Assistance-13. Money Laundering-14. Accounting and Auditing-15. Specialised AuthorityBibliography
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