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On the take : criminalizing illicit enrichment to fight corruption, Volume 1
Author:Muzila, Lindy; Morales, Michelle; Mathias, Marianne; Berger, Tammar; Country:World;
Date Stored:2013/04/10Document Date:2012/08/07
Document Type:PublicationSubTopics:Public Sector Corruption & Anticorruption Measures; Bankruptcy and Resolution of Financial Distress; Corruption & Anticorruption Law; Legal Products; Gender and Law
Region:The World RegionReport Number:71731
Collection Title:Stolen Asset Recovery (StAR) initiativeVolume No:1

Summary: The objectives of this study covered; (i) to promote a broader understanding of the offense of illicit enrichment, its application, benefits, and the challenges it poses and, (ii) based on country experience, to identify key issues that jurisdictions should consider when developing an institutional and legal regime for criminalizing illicit enrichment. This study found that 44 jurisdictions have criminalized illicit enrichment, most of them in developing countries. Several jurisdictions that prosecute illicit enrichment and that were contacted during the course of this study perceive it as a valuable complement to the traditional toolkit for combating corruption. However, the statistical information collected for this study indicates that only a limited number of these jurisdictions regularly investigate or prosecute the offense. Several elements of the illicit enrichment offense are common to the jurisdictions that prosecute it. Those elements are persons of interest, period of interest, significant increase in assets, intent, and absence of justification. And the study is the result of collaborative efforts from colleagues around the world. Their time and expertise enabled practitioners to impart their knowledge and experiences about the reality of the illicit enrichment offense in the jurisdictions that criminalize it.

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