Combating Economic Crimes : Balancing Competing Rights and Interests in Prosecuting the Crime of Illicit Enrichment PDF
by Ndiva Kofele-Kale
Part of the Routledge Research in Transnational Crime and Criminal Law series
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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
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- Format:PDF
- Pages:248 pages
- Publisher:Taylor & Francis
- Publication Date:01/03/2013
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- ISBN:9781136594434
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Information
-
Download Now
- Format:PDF
- Pages:248 pages
- Publisher:Taylor & Francis
- Publication Date:01/03/2013
- Category:
- ISBN:9781136594434