Corruption and Misuse of Public Office

2. Auflage 2011
ISBN: 978-0-19-957727-9
Verlag: OUP Oxford

Buch, Englisch, 930 Seiten, Format (B × H): 179 mm x 252 mm, Gewicht: 1712 g

The law and practice relating to corruption and the misuse of public office is of increasing topical importance. The first edition of this book provided a comprehensive and detailed analysis of the law relating to corruption as it had been shaped over recent years.

This new edition covers all major developments since the publication of the first edition, including the Bribery Act 2010; the US Foreign Corrupt Practices Act; the United Nations Convention Against Corruption; current revision and implementation of anti-corruption legislation in a number of important jurisdictions; and changes to the area of mutual legal assistance and civil recovery.

Written by leading practitioners with extensive experience of handling corruption cases, the book provides a clear exposition of the current law. It examines the legal and practical issues relating to the investigation and prosecution of corruption cases and includes coverage of specialist areas such as recovering the proceeds of corruption, and whistleblowing.

Corruption cases often span jurisdictions. This book enables practitioners to handle any aspect of a corruption case by providing them with detailed analysis of the international efforts to combat corruption, and the legal developments taking place in key jurisdictions and regions covered by UN, EU, OECD, the Commonwealth, and important regional initiatives.

Autoren/Hrsg.

Nicholls QC, Colin

Daniel, Timothy

Bacarese, Alan

Hatchard, John

Fachgebiete

• Sozialwissenschaften Politikwissenschaft Politische Kultur Korruption

Inhaltsverzeichnis

- 1: The Meaning and Scope of Corruption

- The Meaning of Corruption

- The scope of this book

- Arrangement of the Book

- PART I: CRIMINAL LAW

- 2: Corruption and Related Offences before 2011

- Introduction

- The Common Law Offence of Bribery

- Statutory Offences

- Alternative Charges

- Liability of Corporate and Unincorporated Bodies

- Jurisdiction

- Sentencing in Common Law Bribery and Prevention of Corruption Acts Cases

- Other Statutory Offences Involving Corruption

- 3: The Movement for Reform

- Early Initiatives

- The Law Commission Report 1998 and the 2003 Draft Corruption Bill

- The Home Office Consultation Paper 2005

- The Transparency International Corruption Bill 2006

- Responses to the Home Office Consultation Paper 2007

- The Law Commission Consultation Paper 2007

- The Law Commission's Report 2008

- The Government's Draft Bill

- The Joint Committee 2009

- The Bribery Bill

- Passage of the Bill

- 4: The Bribery Act 2010

- Overview

- General Bribery Offences

- Bribery of Foreign Public Officials

- Failure of Commercial Organisations to Prevent Bribery

- Special Cases

- Prosecutions and Penalties

- Other Provisions about Offences

- Supplementary and Final Provisions

- 5: Guidance on 'Adequate Procedures'

- Introduction

- The Statutory Guidance

- The Guidance

- The Six Principles

- Clarification of Difficult Issues

- Standard Setting in the Private Sector

- Sector-Specific Initiatives

- 6: Misconduct in a Public Office

- Introduction

- The Scope and Elements of the Offence

- The Elements of the Offence

- Charging practice, applicability of the offence and sentencing policy

- Future developments

- The Tort of Misfeasance in Public Office

- 7: Investigation, Prosecution, and Sentencing in Corruption Cases

- Criminal Investigations

- Prosecution Agencies

- Reactive Investigations

- Proactive Investigations

- Whistle-blower Protection

- Sentencing in Corruption Cases

- Recent developments in the prosecution of major corruption cases in the UK

- International Cooperation Generally: Mutual Assistance and Mutual Legal Assistance

- Extradition

- Extradition to the United Kingdom

- Proposed Review of United Kingdom's Extradition Arrangements

- PART II: CONFISCATION AND RECOVERY OF ASSETS

- 8: Criminal Confiscation and Civil Recovery

- Recovery of the Proceeds of Corruption

- Criminal Restraint and Confiscation

- Civil Recovery Under POCA

- Non-POCA Civil Recovery

- Jurisdiction and Choice of Law

- Grand Corruption

- 9: Civil Actions and Remedies

- Introduction

- Who May Be a Claimant?

- Who May Be a Defendant?

- Remedies Against a Dishonest Agent

- Remedies Against Third Parties

- International Arbitration, Public Policy, and Corruption

- PART III: INTEGRITY IN PUBLIC LIFE

- 10: Regulating Conduct in Public Life

- Introduction

- The Legislature

- Executive

- The Judiciary

- The Civil Service

- Local Government

- Other Public Bodies (Quangos)

- PART IV: INTERNATIONAL AND REGIONAL ANTI-CORRUPTION INITIATIVES

- 11: The United Nations Convention Against Corruption I: Preventative Measures

- Introduction

- Background to the UNCAC Convention

- Preventive measures

- 12: The United Nations Convention Against Corruption II: Criminalisation, International Cooperation, Asset Recovery, and Mechanisms for Implementation

- Introduction

- Criminalisation and law enforcement

- Chapter IV: International cooperation

- Chapter V: Asset recovery

- Mechanisms for implementation

- 13: The Bribery of Foreign Public Officials

- Introduction

- The OECD Convention on Combating Bribery of Foreign Public Officials in International Business Transactions 1977

- Criminalization (Article 1)

- The Consequent Debate: The Scope of Criminalization

- Defences

- Liability of Legal Persons (Article 2)

- Sanctions (Article 3)

- Jurisdiction (Article 4)

- Enforcement and Prosecutorial Discretion (Article 5)

- Statute of Limitations (Article 6)

- Money Laundering (Article 7)

- Accounting (Article 8)

- Mutual Legal Assistance (Article 9)

- Extradition (Article 10)

- Tax Deductibility

- Progress and the Future for the OECD Anti-Bribery Convention

- 14: European Anti-Corruption Initiatives and Instruments

- Introduction

- Council of Europe

- The European Union

- The OECD

- 15: Other International Anti-Corruption Initiatives

- African Initiatives

- The Inter-American Convention Against Corruption

- Asia-Pacific

- The Commonwealth

- The World Bank Group

- PART V: CORRUPTION LAWS OF OTHER JURISDICTIONS

- 16: The Investigation and Prosecution of Foreign Corruption in the United States

- Introduction

- Enactment of the Foreign Corrupt Practices Act 1977

- Overview of the FCPA

- The anti-bribery offence

- The FCPA accounting provisions

- Penalties for FCPA Violations

- Offences Frequently Associated with FCPA Violations

- Enforcement

- Conclusions

- 17: Common Law Jurisdictions

- Australia

- Canada

- India

- Ireland

- Kenya

- New Zealand

- Nigeria

- Singapore

- The United States

- 18: Civil Law and Other Jurisdictions

- Brazil

- China

- France

- Hong Kong

- Russia

- South Africa

- The United Arab Emirates

- 19: Offshore Financial Centres

- Definition of an Offshore Financial Centre

- The role of OFC's

- The concern about the OFC's

- Secrecy Jurisdictions

- Banking Secrecy

- Consequences in relation to Corruption and Money Laundering

- The Future of the Issue

- Switzerland

- PART VI: THE ROLE OF CIVIL SOCIETY

- 20: The Role of Civil Society Organizations in Combating Corruption

- Introduction

- Promoting Standard Setting in the Corporate Sector

- Providing Access to Legal Materials

- Involvement in the Development of International and Regional Anti-Corruption Instruments

- Providing Education and Training

- Seeking to Quantify Corruption

- Scrutinizing and Contributing to the Development of Anti-Corruption Laws, Procedures and Jurisprudence

- A Note on Selected Anti-Corruption Organisations

- Appendices

- Appendix 1 - Prevention of Corruption Acts 1889 to 1916 and Anti-Terrorism, Crime and Security Act 2001, Part 12: Bribery and Corruption

- Appendix 2 - United Nations Convention Against Corruption

- Appendix 3 - The Bribery Act 2010

- Appendix 4 - Guidance

Über Autor(innen)

Colin Nicholls QC of 3 Raymond Buildings is a leading international criminal lawyer specializing in complex commercial crime cases including corruption, extradition, and war crimes. He acted for the defence in the Guinness case, Brent Walker, and BCCI, and gave evidence to the Parliamentary Joint Committee on the Bribery Bill. He has been a part-time judge, and is Honorary Life President of the Commonwealth Lawyers Association.

Tim Daniel is a Litigation Partner at Edwards Wildman Palmer UK LLP. He has extensive experience of major civil cases concerned with corruption and asset recovery, on which he has written and spoken widely. He is the former Honorary Treasurer of the Commonwealth Lawyers Association, and is Honorary Joint Secretary of the British Branch of the International Law Association.

Alan Bacarese is Head of Legal and Case Consultancy at the International Centre for Asset Recovery, Basel Institute on Governance.

Professor John Hatchard is Professor at the Open University, School of Law and Vice-President of the Commonwealth Legal Education Association. He has written widely on criminal law, human rights, and good governance issues.