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United Nations Convention against Corruption

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

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United Nations Convention against Corruption

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  1. United Nations Convention against Corruption United Nations Office on Drugs and Crime Regional Office – South Asia Nimesh Jani

  2. 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

  3. CRIMINALIZATION Art.15-25

  4. 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)

  5. How many Criminal Offences are in UNCAC? • 41 offences • Plus attempts • Plus conspiracy • Plus liability of legal persons • Total = 123 at least.

  6. 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

  7. 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! ;-))

  8. 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) Obstruction of Justice (Art.25) 6 Other Criminal Offences 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)

  9. Other Criminal Offences (Art.18-22) Passive Bribery of Foreign Public Officials or Officials of Int’l Org (Art.16) Embezzlement in Private Sector (Art.22) Trading in Influence (Art.18) Bribery in Private Sector (Art.21) Abuse of Function (Art.19) Illicit Enrichment (Art.20)

  10. Protection of Witness and Reporting Persons (Art.32-35) Protection of Witness, Experts and Victims In Accordance with its Domestic Legal System and within its Means Effective Protection from Potential Retaliation or Intimidation Protection of Reporting Persons Protection against Any Unjustified Treatment Optional

  11. Jurisdiction (Art.42) Optional Mandatory Offenders or Victims Are Nationals No Safe Haven for Offenders Offence on Territory, Vessel or Aircraft Offence against State Offender not Extradited Because of Nationality Participation of Laundering Outside Territory Aimed at Laundering in Territory

  12. Thank you for your kind attention

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