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. 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.
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