Prawo karne i postępowanie karne

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Browsing Prawo karne i postępowanie karne by Subject "corruption"

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    Recent Developments in EU Anti-Corruption Strategy: the Missing Element of the Return of Corrupt Assets to ‘Victim Countries'
    (Journal of Money Laundering Control, 2024) Ochnio, Ariadna H.
    Purpose Recent developments in the EU’s anti-corruption strategy have brought the EU closer to meeting the UNCAC‘s objectives, i.e. the Proposal for a Directive on combating corruption (2023) and the Proposal for a Directive on Asset Recovery and Confiscation (2022). The article discusses these developments from the perspective of the UNCAC, to identify missing elements in the EU’s asset recovery mechanisms. Design/methodology/approach Critical approach towards EU anti-corruption policy (discussing the problems and solutions). Review of EU developments in asset recovery law. Findings There is a political will on the part of the EU to fight corruption through the rules enshrined in the UNCAC. However, improving EU law by introducing a new type of confiscation of unexplained wealth and criminalising illicit enrichment, without establishing convergent rules for the return of corrupt assets from EU territory to the countries of origin, cannot be seen as sufficient action to achieve the UNCAC’s objectives. In modelling mechanisms of the return of assets, the EU should search for solutions to overcome the difficulties resulting from the ordre public clause remaining a significant factor conditioning mutual legal assistance. Originality The article discusses the possible input of the EU, as a non-State Party to the UNCAC, to advance implementing the UNCAC solutions on asset recovery by establishing convergent rules for the return of corrupt assets from EU territory to countries of origin.