Wildy Logo
(020) 7242 5778
enquiries@wildy.com

Book of the Month

Cover of Company Directors: Duties, Liabilities and Remedies

Company Directors: Duties, Liabilities and Remedies

Edited by: Mark Arnold KC, Simon Mortimore KC
Price: £275.00

Lord Denning: Life, Law and Legacy



  


Welcome to Wildys

Watch


NEW EDITION Pre-order Mortgage Receivership: Law and Practice



 Stephanie Tozer, Cecily Crampin, Tricia Hemans
Practical guidance to relevant law & procedure


Offers for Newly Called Barristers & Students

Special Discounts for Newly Called & Students

Read More ...


Secondhand & Out of Print

Browse Secondhand Online

Read More...


Easter Closing

We will be closed between Friday 29th March and Monday 1st April for the Easter Bank Holidays, reopening at 8.30am on Tuesday 2nd April. Any orders received during this period will be processed with when we re-open.

Hide this message

Combating Economic Crimes: Balancing Competing Rights and Interests in Prosecuting the Crime of Illicit Enrichment (eBook)


ISBN13: 9781136594427
Published: October 2011
Publisher: Routledge
Country of Publication: UK
Format: eBook (ePub)
Price: £46.79
The amount of VAT charged may change depending on your location of use.


The sale of some eBooks are restricted to certain countries. To alert you to such restrictions, please select the country of the billing address of your credit or debit card you wish to use for payment.

Billing Country:


Sale prohibited in
Korea, [North] Democratic Peoples Republic Of

Due to publisher restrictions, international orders for ebooks may need to be confirmed by our staff during shop opening hours. Our trading hours are Monday to Friday, 8.45am to 6.00pm, London, UK time.


The device(s) you use to access the eBook content must be authorized with an Adobe ID before you download the product otherwise it will fail to register correctly.

For further information see https://www.wildy.com/ebook-formats


Once the order is confirmed an automated e-mail will be sent to you to allow you to download the eBook.

All eBooks are supplied firm sale and cannot be returned. If you believe there is a fault with your eBook then contact us on ebooks@wildy.com and we will help in resolving the issue. This does not affect your statutory rights.

This eBook is available in the following formats: ePub.

In stock.
Need help with ebook formats?




Also available as

In the last decade a new tool has been developed in the global war against official corruption through the introduction of an 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. It is then up to that official to explain how he acquired such wealth, and failing to "reasonably explain" the sudden increase in his wealth, in relation to his lawful earnings during the performance of his functions, the official could be found guilty of the offense of illicit enrichment.

Thus, rather than requiring the prosecution to initially prove the illicit nature of official’s assets, these multilateral conventions have opted for reversing the onus on the accused official to explain how he came about to possess such sudden wealth. However, reversal of the burden of proof clauses raise an important human rights issue since they conflict with the 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, and the right balance to be struck between the accused individual’s right to presumption of innocence and the protection of legitimate community interests and expectations to a corruption-free society.

The book explores the doctrinal foundations of the right to presumption of innocence and reviews the basic due process protections afforded to all accused persons in criminal trials in treaty, customary international law, and municipal law. The book then goes on to lay out a framework for balancing and ‘situationalizing’ competing human rights or public interests in situations involving possible official corruption.

Subjects:
Criminal Law, International Criminal Law, eBooks
Contents:
1. Introduction

Part 1: Doctrinal Foundations of the Right to be Presumed Innocent in Criminal Prosecutions
2. Due Process and the Right to be Presumed Innocent in International Law

Part 2: The Evolution of the Reverse Burden of Proof in Both International and Domestic Law
3. Reversing the Burden of Proof in International Conventions
4. Reversing the Burden of Proof in Domestic Statutory Law

Part 3: A Framework for Balancing Competing Rights and Interests
5. Placing Reasonable Limitations on the Presumption of Innocence
6. Allocating Burdens and Standards of Proof in Corruption Cases
7. Conclusion