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CENTRE OF EXPERTISE IN JUDICIARY @ TRANSPARENCY INTERNATIONAL ROMANIA
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Sanctioning phase
Sanctions should not be limited to a declaration of guilt, but should also include appropriate and
effective civil and criminal sanctions, as well as the enforcement of those sanctions.
GAPS AND loopholes
•
Decisions are not enforced by the
competent bodies
•
Lack of objective criteria for the
identification of corruption proceeds/
assets to be recovered/ confiscated.
•
Limited international cooperation in
matters of extradition of persons convicted
for corruption and in tracing, freezing and
confiscating assets pertaining to persons
convicted for corruption in a different
jurisdiction.
•
Lack of information regarding the
enforcement of sanctions
•
Off-shore, safe heavens and banking
secrecy are used to hide the proceeds of
corruption
Reccomendations to
counter THEM
•
Legal framework for extended confiscation
is in place
•
The sanction is enforced immediately and
all cross-jurisdictional arrangements are in
place for international legal assistance
•
The respective authority in charge with
enforcing the criminal sanctions periodically
reports enforcement statistics
•
The national legal framework recognizes
decisions sanctioning corruption made
by other jurisdictions and enforces them
properly
•
Amnesty, reprieve and commutation
of sentence shall have dedicated legal
framework for corruption cases
•
Sanctioning decisions regarding corruption
are made publicly available to allow for
social sanctioning as well
•
Denial of entry for people convicted for
corruption in a different jurisdiction.