Corruption: A Glossary of International Standards in Criminal Law

The specific purpose of this Glossary is to assist the countries of the OECD Anti-Corruption Network for Eastern Europe and Central Asia in their efforts to reform national anti-corruption criminal legislation according to the requirements of the above-mentioned conventions. The Glossary examines and elaborates on the requirements of the conventions and explains how they can be effectively introduced into the national legislation. The Glossary is also a practical tool for monitoring country compliance with the international anti-corruption conventions, as well as raising awareness of these conventions among experts in the region.



This Glossary explains the key elements required to classify corruption as a criminal act, according to three major international conventions: (1) the OECD Convention on Combating Bribery of Foreign Public Officials in International Business Transactions; (2) the Council of Europe’s Criminal Law Convention on Corruption; and (3) the United Nation’s Convention against Corruption.

Table of Contents
Introduction
Chapter 1. Overview of the Conventions
1. OECD Convention on Combating Bribery of Foreign Public Officials in International Business Transactions
2. Council of Europe Criminal Law Convention on Corruption
3. UN Convention against Corruption
4. Introduction of international standards into national law
5. Summary of the conventions
6. Summary of the Participation of Istanbul Action Plan Countries in Anti-corruption Conventions (as of February 2007)
Chapter 2. Definition of Corruption
1. Definition in criminal law.
2. Definition for policy purposes
Chapter 3. Elements of the Bribery Offences
1. Offering, promising or giving a bribe to a national public official
2. Requesting, soliciting, receiving or accepting a bribe by a national public official
3. Bribery of foreign public officials
4. Trading in influence
5. Intention and evidence
6. Other corruption offences
7. Definition of a public official
8. Definition of a bribe
9. Acts of public officials
10. Bribery through intermediaries
11. Bribes that benefit third party
Chapter 4. Sanctions
1. Sanctions generally
2. Confiscation
Chapter 5. Defences and Immunity
1. Defences
2. Immunity from prosecution for public officials
3. Immunity from prosecution for persons who co-operate with an investigation or prosecution
Chapter 6. Statute of Limitation.
Chapter 7. Responsibility of Legal Persons
1. Standards of liability
2. Definition of legal person
3. The connection between the crime and the legal person
4. The position held by the natural person(s) who commits the crime
5. Supervision, control and due diligence
6. Link between proceedings against natural and legal persons
7. Sanctions for legal persons
Chapter 8. Special Investigative Techniques and Bank Secrecy
Chapter 9. Extradition, Mutual Legal Assistance and Asset Recovery
1. Extradition and mutual legal assistance generally
2. Asset recovery
Chapter 10.Other Corruption-related Offences
1. The offence of money laundering
2. The Offence of False Accounting and Auditing
Chapter 11.Checklist for Monitoring Compliance
1. “Offering, promising or giving”; “requesting or soliciting”; “receiving or accepting” a bribe
2. Definition of public official
3. Definition of an undue advantage
4. Acts of an official
5. Intermediaries and third party beneficiaries
6. Sanctions
7. Confiscation
8. Defences and immunity
9. Statute of limitation
10. Responsibility of legal persons
11. Special investigative techniques and bank secrecy
12. Mutual Legal Assistance (MLA)
13. Money laundering
14. Accounting and auditing
15. Specialised authority
Bibliography