| Loại tài liệu | Tư liệu ngôn ngữ (Sách) | | Chỉ số ISBN | 9780415778473 | | Mã ngôn ngữ | eng | | | K920 .C66 | | Tên tác giả | Kofele-Kale, Ndiva | | Thông tin nhan đề | Combating economic crimes : balancing competing rights and interests in prosecuting the crime of illicit enrichment / Ndiva Kofele-Kale | | Xuẩt bản,phát hành | Abingdon, Oxon [UK] ; New York : Routledge, 2012 | | Mô tả vật lý | 210 p. ; 24 cm
| | Thông tin tùng thư | Routledge research in constitutional law
| | Tóm tắt/chú giải | In the last decade a new tool has been developed in the global war against official corruption through the introduction of the offense of "illicit enrichment" in almost every multilateral anti-corruption convention. Illicit enrichment is defined in these conventions to include a reverse burden clause which triggers an automatic presumption that any public official found in "possession of inexplicable wealth" must have acquired it illicitly. However, the reversal of the burden of proof clauses raises an important human rights issue because they conflict with the accused individual’s right to be presumed innocent. Unfortunately, the recent spate of international legislation against official corruption provides no clear guidelines on how to proceed in balancing the right of the accused to be presumed innocent against the competing right of society to trace and recapture illicitly acquired national wealth. Combating Economic Crimes therefore sets out to address what has been left unanswered by these multilateral conventions, to wit, the level of burden of proof that should be placed on a public official who is accused of illicitly enriching himself from the resources of the State, balanced against the protection of legitimate community interests and expectations for a corruption-free society. The book explores the doctrinal foundations of the right to a presumption of innocence and reviews the basic due process protections afforded to all accused persons in criminal trials by treaty, customary international law, and municipal law. The book then goes on to propose a framework for balancing and ‘situationalizing’ competing human rights and public interests in situations involving possible official corruption.Combating Economic Crimes builds on previous writings advocating the recognition of the right to a corruption – free society as a fundamental human right. And, as a corollary, recognizing that the systematic plunder of a nation’s wealth by constitutionally responsible officials is a crime of universal interest, breach of which entails individual criminal responsibility and punishment. Although all human rights are by result, in the process of asserting these fundamental rights, conflicts inevitive right to a corruption free society. It is this doctrinal clash implicit in the crimes of illicit enrichment that is the focus of this study. Recent developments in the global war against official corruption have inadvertently set the stage for this clash by providing for the controversial criminal offense of illicit enrichment in almost every multilateral anti corruption convention. Illicit enrichment is defined in each of these convention as “a significant increse in the assets of a public official or any other persion which he or she cannot reason ably explain in relation to his or her income.” Built into this definition is a reverse burden clause which triggers an automatic presumption that any public official found in possession of inecplicable wealth must have acquires and failing to reasonably explain the sudden increase in his wealth, in relation to his lawful earnings during the performance of his functions, the official could be found guilty of the offense of illicit enrichment. This has become a very powerful weapon in the global war against official corruption because, by design, reversing the onus helps in easing the prosecution’s burden by placing it on the accused on th assumption that the facts to be proved are peculiarly whithin the knowledge of the accused
| | Từ khóa | 1. Tội phạm kinh tế. |
|