United Nations Convention against Corruption United Nations Office
- Slides: 12
United Nations Convention against Corruption United Nations Office on Drugs and Crime Regional Office – South Asia Nimesh Jani
Overview of 8 Chapters • • • Chapter 1 – General Provisions Chapter 2 – Preventative measures Chapter 3 – Criminalisation/law enforcement Chapter 4 – International cooperation Chapter 5 – Asset Recovery Chapter 6 – Technical assistance and info exchange • Chapter 7 – Mechanisms for implementation • Chapter 8 – Final provisions
CRIMINALIZATION Art. 15 -25
Overview • 28 Articles; • 11 Articles require creation of specific offences (arts. 15 to 25); • Liability of legal persons Art 26 • Inchoate offences, conspiracy, aiding and abetting • Freezing, seizure and confiscation (art 31) • Protection of whistle blowers and witnesses (arts 32 and 33) • Jurisdiction (art 42)
• • • How many Criminal Offences are in UNCAC? 41 offences Plus attempts Plus conspiracy Plus liability of legal persons Total = 123 at least.
Group work • • • Group 1 – Arts 15 and 26 Group 2 – Arts 17 and 30 (1) and (2) Group 3 – Arts 18 and 30 (6) and (7) Group 4 – Arts 20, 32 and 33 Group 5 – Arts 25 and 36
Key points to report back on • Is the offence mandatory or not • Key elements of any offences • What are the biggest challenges in implementation? • You have 5 mins max! ; -))
Mandatory and Other Criminal Offences 5 Mandatory Offences Bribery of National Public Officials (Art. 15) Active Bribery of Foreign Public Officials (Art. 16) Embezzlement, Misappropriation and Other Diversion of Property (Art. 17) Money Laundering (Art. 23) 6 Other Criminal Offences Obstruction of Justice (Art. 25) Passive Bribery of Foreign Public Official (Art. 16) Trading in Influence (Art. 18) Abuse of Function (Art. 19) Illicit Enrichment (Art. 20) Bribery in Private Sector (Art. 21) Embezzlement in Private Sector (Art. 22)
Other Criminal Offences (Art. 1822) Passive Bribery of Foreign Public Officials or Officials of Int’l Org (Art. 16) Trading in Influence (Art. 18) Embezzlement in Private Sector (Art. 22) Bribery in Private Sector (Art. 21) Abuse of Function Illicit Enrichment (Art. 19) (Art. 20)
Protection of Witness and Reporting Persons (Art. 32 -35) In Accordance with its Domestic Legal System and within its Means Protection of Reporting Persons Protection against Any Unjustified Treatment Protection of Witness, Experts and Victims Effective Protection from Potential Retaliation or Intimidation Optional
Jurisdiction (Art. 42) ffence on Territory, Vessel or Aircraft Offenders or Victims Are Nationals No Safe Haven for Offenders Offender not Extradited Because of Nationality Offence agains State Participation of Laundering Outside Territory Aimed at Laundering in Territory
Thank you for your kind attention
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