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Combating Economic Crimes - Balancing Competing Rights and Interests in Prosecuting the Crime of Illicit Enrichment (Paperback)
Loot Price: R1,712
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Combating Economic Crimes - Balancing Competing Rights and Interests in Prosecuting the Crime of Illicit Enrichment (Paperback)
Series: Routledge Research in Transnational Crime and Criminal Law
Expected to ship within 12 - 17 working days
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In the last decade a new tool has been developed in the global war
against official corruption through the introduction of the offense
of "illicit enrichment" in almost every multilateral
anti-corruption convention. Illicit enrichment is defined in these
conventions to include a reverse burden clause which triggers an
automatic presumption that any public official found in "possession
of inexplicable wealth" must have acquired it illicitly. However,
the reversal of the burden of proof clauses raises an important
human rights issue because they conflict with the accused
individual's right to be presumed innocent. Unfortunately, the
recent spate of international legislation against official
corruption provides no clear guidelines on how to proceed in
balancing the right of the accused to be presumed innocent against
the competing right of society to trace and recapture illicitly
acquired national wealth. Combating Economic Crimes therefore sets
out to address what has been left unanswered by these multilateral
conventions, to wit, the level of burden of proof that should be
placed on a public official who is accused of illicitly enriching
himself from the resources of the State, balanced against the
protection of legitimate community interests and expectations for a
corruption-free society. The book explores the doctrinal
foundations of the right to a presumption of innocence and reviews
the basic due process protections afforded to all accused persons
in criminal trials by treaty, customary international law, and
municipal law. The book then goes on to propose a framework for
balancing and 'situationalizing' competing human rights and public
interests in situations involving possible official corruption.
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