Corruption and misuse of public office

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書誌事項

Corruption and misuse of public office

Colin Nicholls ... [et al.]

Oxford University Press, 2006

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注記

Includes bibliographical references and index

内容説明・目次

内容説明

The law and practice relating to corruption and the misuse of public office is of considerable topical interest. The legislation in this area has developed over recent years, with the implementation of statutes such as the Anti-Terrorism, Crime and Security Act 2001 and the Proceeds of Crime Act 2002. These key pieces of legislation extend UK jurisdiction to corruption offences committed abroad by UK nationals and incorporated bodies, and strengthen the mechanisms to recover assets and wealth obtained as a result of unlawful activity. This book provides a comprehensive and detailed analysis of the law relating to corruption as it has been shaped over recent years. Written by leading practitioners with extensive experience of handling both the civil and criminal aspects of corruption cases, the book provides a clear exposition of the current law. It examines the legal and practical issues relating to the investigation and prosecution of corruption cases and includes specialist coverage of issues such as whistleblowing, and the recovery and repatriation of assets. Corruption cases often span jurisdictions. This book enables practitioners to handle any aspect of a corruption case by providing them with detailed analysis of the international efforts to combat corruption, and the legal developments taking place in key jurisdictions and regions covered by UN, EU, OECD, and Commonwealth initiatives.

目次

  • 1. The Meaning and Scope of Corruption
  • The Meaning of Corruption
  • The Scope of Corruption
  • Arrangement of the Book
  • The Prevalence of Corruption in the World Today
  • 2. Offences of Bribery and Corruption
  • Introduction
  • Common Law Offences
  • Statutory Offences
  • Theft, False Accounting, Fraud, and Conspiracy to Defraud
  • Sentencing in Bribery and Prevention of Corruption Acts Cases
  • Jurisdiction
  • Liability of Corporate and Unincorporated Bodies
  • Other Statutory Offences Involving Corruption
  • Recovering the Proceeds of Corruption
  • 3. Misconduct in a Public Office
  • Introduction
  • The Nature and Elements of the Offense
  • Consideration of the Individual Elements
  • The Tort of Misfeasance in Public Office
  • Postscript
  • 4. The Investigation and Prosecution of Corruption
  • Criminal Investigation
  • The Crown Prosecution Service
  • The Reporting of Corruption
  • Whistle-blower Protection
  • Reactive Investigations
  • Proactive Investigations
  • Extradition
  • Import Extradition
  • 5. The Movement for Reform
  • Corruption in Public Life
  • The Redcliffe-Maud Committee
  • The Salmon Report
  • Post-Salmon
  • The Committee on Standards in Public Life
  • The Home Office Initiatives
  • The Law Commission
  • Provisional Conclusions and Proposals
  • The Law Commission's Report
  • The Government Response
  • 6. Civil Remedies
  • Introduction
  • Who May Be a Claimant?
  • Who May Be a Defendant?
  • Remedies against a Dishonest Agent
  • Remedies against Third Parties
  • International Arbitration and Corruption
  • 7. Civil Recoveries
  • Interim Relief
  • Jurisdiction and Choice of Law
  • Recovery and Repatriation of State Assets
  • Civil Recovery and the Proceeds of Crime Act 2002
  • The Tax Treatment of Bribe Payments
  • 8. The Regulation of Conduct in Public Life
  • Introduction
  • The Legislature
  • The Executive
  • The Civil Service
  • Local Government, Quangos, and Local Spending Bodies
  • The Judiciary
  • 9. International and Regional Initiatives
  • Introduction
  • The United Nations
  • The Organization for Economic Co-operation and Development
  • Africa
  • The Organization of American States
  • Council of Europe
  • The European Union
  • The Commonwealth
  • ADB/OECD Anti-Corruption Action Plan for Asia and the Pacific
  • Other International and Regional Initiatives
  • Overview
  • 10. The Bribery of Foreign Public Officials
  • Introduction
  • The OECD Convention on Combating Bribery of Foreign Public Officials in International Business Transactions 1977
  • Criminalization (Article 1)
  • The Consequent Debate: The Scope of Criminalization
  • Defences
  • Liability of Legal Persons (Article 2)
  • Sanctions (Article 3)
  • Jurisdiction (Article 4)
  • Enforcement and Prosecutorial Discretion (Article 5)
  • Statute of Limitations (Article 6)
  • Money Laundering (Article 7)
  • Accounting (Article 8)
  • Mutual Legal Assistance (Article 9)
  • Extradition (Article 10)
  • Tax Deductibility
  • Future Work and Convention Amendment (Article 16)
  • Some Lessons from the Lesotho Highlands Water Project
  • 11. The Corruption Laws of Other Jurisdictions
  • The United States
  • Selected Commonwealth Countries
  • Other Jurisdictions
  • Other Regions
  • Anti-Corruption Commissions and Related Institutions
  • 12. The Role of Civil Society Organisations in Combating Corruption
  • Promoting Standard Setting in the Corporate Sector
  • Providing Access to Legal Materials
  • Involvement in the Development of International and Regional Anti-Corruption Instruments
  • Providing Education and Training
  • Seeking to Quantify Corruption
  • Scrutinizing and Contributing to the Development of Anti-Corruuption Laws and Procedures
  • A Note on Selected Anti-Corruption Organizations
  • APPENDICES
  • Appendix 1: ADB OECD Anti-Corruption Initiative for Asia-Pacific
  • Appendix 2: The Arusha Declaration
  • Appendix 3: African Union Convention on Preventing and Combating Corruption
  • Appendix 4: The Bangalore Principles of Judicial Conduct
  • Appendix 5: Framework for Commonwealth Principles on Promoting Good Governance and Combating Corruption
  • Appendix 6: Commonwealth Report of Expert Group on Good Governance
  • Appendix 7: Commonwealth Working Group on Asset Repatriation
  • Appendix 8: Civil Law Convention on Corruption
  • Appendix 9: Criminal Law Convention on Corruption
  • Appendix 10: Resolution (97) 24 on the Twenty Guiding Principles for the Fight Against Corruption
  • Appendix 11: GMC (2000) 26 Multidisciplinary Group on Corruption (GMC) Recommendation No. R (2000) 10 of the Committee of Ministers to Member States on Codes of Conduct for Public Officials
  • Appendix 12: Recommendation Rec (2003) 4 of the Committee of Ministers to member states on common rules against corruption in the funding of political parties and electoral campaigns
  • Appendix 13: Council of the European Union: Convention on the Fight Against Corruption Involving Officials of the European Communities or Officials of Member States of the European Union
  • Appendix 14: Council of the European Union: Convention on the Protection of the European Communities' Financial Interests
  • Appendix 15: Second Protocol to the Convention on the Protection of the European Communities' Financial Interests
  • Appendix 16: Council of the European Union: Framework Decision on Combating Corruption in the Private Sector
  • Appendix 17: Council of the European Union: Protocol to the Convention on the Protection of the European Communties' Financial Interests
  • Appendix 18: Statute of the GRECO Appendix to Resolution (99) 5
  • Appendix 19: International Chamber of Commerce Rules of Conduct to Combat Extortion and Bribery
  • Appendix 20: Revised Code of Good Practices on Fiscal Transparency
  • Appendix 21: Joint Action of 22 December 1998 adopted by the Council on the basis of Article K.3 of the Treaty on European Union, on corruption in the private sector
  • Appendix 22: OECD: Convention on Combating Bribery of Foreign Public Officials in International Business Transactions
  • Appendix 23: Revised Recommendation of the Council of the OECD on Combating Bribery in International Business Transactions
  • Appendix 24: Organization of American States: Inter-American Convention Against Corruption
  • Appendix 25: The OECD Guidelines for Multinational Enterprises, Revision 2000
  • Appendix 26: Report of the Committee on Conduct in Local Government Cmnd 5636, May 1974
  • Appendix 27: Southern African Development Community Protocol Against Corruption
  • Appendix 28: Prevention of Corruptrion Acts 1889 to 1916 and Anti-Terrorism, Crime and Security Act 2001, Part 12: Bribery and Corruption
  • Appendix 29: United Nations Convention Against Corruption
  • Appendix 30: UN Resolution Adopted by the General Assembly, 51/59 Action against corruption
  • Appendix 31: Economic Community of West African States Protocol on the Fight Against Corruption
  • Appendix 32: Global Anti-Money-Laundering Guidelines for Private Banking: Wolfsberg AML Principles
  • Appendix 33: Law Commission Draft Corruption Bill
  • Appendix 34: Government Reply to the Report from the Joint Committee On the Draft Corruption Bill
  • Appendix 35: The Government's Draft Corruption Bill

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