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CENTRE OF EXPERTISE IN JUDICIARY @ TRANSPARENCY INTERNATIONAL ROMANIA

30

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.