The Legal Framework for the Recovery of Proceeds from Corruption Crimes: Reality and Ambitions

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Abstract

Recovering the proceeds looted through corruption crimes represented a necessary matter for the advancement of countries and the development of their economies. Therefore, these countries rushed to establish numerous mechanisms to ensure their right to recover those funds, with the United Nations Convention against Corruption of 2003 at the forefront. The research addressed the effectiveness of those mechanisms mentioned in the United Nations Convention against Corruption in Recovery, and we observed the research that international experiences in recovering funds and proceeds obtained from corruption crimes is a complex and expensive subject, and takes a long time, sometimes reaching dozens of years. This indicates that there is a problem regarding organizing recovery. We concluded that international agreements are still incapable and unable to resolve some of the legal and procedural issues arising from recovery. Hence, the pressure exerted by influential and benefiting countries from corrupt funds has increased the difficulty of achieving a significant result in recovering looted funds. We also concluded the necessity of encouraging entities working to provide appropriate training, practical evidence, studies, and experiences gathered from various successful and unsuccessful recovery cases. This includes urging countries to develop their legislation in line with the requirements of applicable international agreements to ensure the success of anti-corruption measures.
追回腐败犯罪所得的法律框架:现实与雄心
追回腐败犯罪所得是国家进步和经济发展的必然要求。因此,这些国家匆忙建立了许多机制,以确保其追回这些资金的权利,其中 2003 年《联合国反腐败公约》首当其冲。本研究探讨了《联合国反腐败公约》中提到的这些机制在追回资金方面的有效性,我们在研究中发现,追回腐败犯罪所得资金和收益的国际经验是一个复杂而昂贵的课题,需要花费很长的时间,有时甚至长达数十载。这表明在组织追回方面存在问题。我们得出的结论是,国际协定仍无法解决追回过程中出现的一些法律和程序问题。因此,有影响力的国家和腐败资金的受益国所施加的压力增加了在追回被掠夺资金方 面取得重大成果的难度。我们还得出结论,有必要鼓励开展工作的实体提供适当的培训、实际证据、研究报告以及从各种成功和不成功的追回案例中收集的经验。这包括敦促各国根据适用的国际协定的要求制定立法,以确保反腐败措施取得成功。
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