What to consider as proceeds of crime for purposes of confiscation. Technical Guide to the United National Convention against Corruption. What is grand corruption and how can we stop it?. Examples of National Anti-Corruption Strategies. Washington: Institute for International Economics. Elliott (Ed.), Corruption and the global economy (pp. Confronting corruption: The elements of a National Integrity System. Judicial anti-corruption reforms in Bulgaria and the role of the EU in Bulgaria’s judiciary regulation. The American Political Science Review, 61(2), 417–427. Corruption and political development: A cost-benefit analysis. Berkeley: University of California Press. Washington DC: Economic Development Institute of the World Bank. Social marketing strategies to fight corruption. A typology of corrupt transactions in developing countries. Judgment no 1255 of J(the Santoro case), Italian Court of Cassation, cited in Raimondo v. Crime, Law and Social Change, 29, 209–224.Ĭ Cost, sent no 177/1980, OR Constitutional Court No. What can be done against public corruption and fraud: Expert views on strategies to protect public integrity. Bulletin of Indonesian Economic Studies, 37(1), 65–82. Second Evaluation Report on Georgia, adopted by GRECO at its 31st Plenary Meeting (Strasbourg, 4–8 December 2006). Explanatory Report to the Council of Europe Convention on Laundering, Search, Seizure and Confiscation of the Proceeds from Crime and on the Financing of Terrorism (CETS No. New York City: Oxford University Press.Ĭouncil of Europe (2005). Schapiro (Eds.), The Oxford handbook of jurisprudence and philosophy of law (pp. UNODC Bulleting on Narcotics, 4, 91–100.Īlexander, L. Effects of the new anti-mafia law on the proceeds of crime and on the Italian economy. The preventive mechanism also focuses on measuring the likelihood to commit illegal acts in the future, and management and usage of the proceeds from the illegal corrupt activity for socially oriented goals.Īlarchi, P. The approach includes various human rights protections established by the European Court of Human Rights such as the right to a fair trial, the right to property, and the rule of law. The normative side of the mechanism of preventive confiscation seeks to immunize the lawful economy from a “contamination” by the ill-procured assets through corruption. The normative change is observed in the preventive confiscation as the decision of the judicial or quasi-judicial organs is based on the degree of danger posed by the relevant person and corrupt activity on a suspicion-based inquiry, thus eliminating the need for criminal conviction. The preventive seizure and confiscation approach is analyzed as to its functions, purposes, and norm-changing effects. This meaning was also reflected in Juvenal’s refrain that “the smell of gain is good whatever the thing from which it comes” (Juvenal, Satires XIV.204) is getting close to Gordon Gekko’s “Greed, for lack of a better word, is good.The mechanism of preventive non-conviction-based seizure and confiscation of assets derived from corrupt acts offers an intricate interplay of criminal and civil law norms. “And to Titus, who expressed his indignation at the tax placed upon public urinals, – one of the new taxes that had been established, – he said, as he picked up some gold pieces that had been realized from this source and showed them to him: ‘See, my son, if they have any smell’” (Cassius Dio LXVI.14.5).įrom these two ancient sources arises the phrase ‘ Pecunia non olet’ – ‘Money does not smell,’ which is still used today with regards to how money remains of the same value no matter its origins, illicit, disgusting or otherwise. And when Titus said ‘No,’ he went on ‘Yet it comes from urine.’” (Suetonius, Vesp. Vespasian handed him a coin which had been part of the first day’s proceeds: ‘Does it smell?’ he asked. “Titus complained of the tax which Vespasian had imposed on the contents of the city urinals.
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