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State of Implementation of the United Nations Convention Against Corruption

Criminalization, Law Enforcement and International Cooperation - Second Edition

image of State of Implementation of the United Nations Convention Against Corruption

This second edition of State of Implementation of the United Nations Convention against Corruption: Criminalization, Law Enforcement and International Cooperation, which was launched during the 7th session of the Conference of the States Parties (Vienna, 6-10 November 2017).The study is based on the findings and results emanating from the first cycle reviews of the implementation of the Convention by 156 States parties (2010-2015).It contains a comprehensive analysis of the implementation of chapters III (Criminalization and law enforcement) and IV (International cooperation) of the Convention. More specifically, the study: (a) identifies and describes trends and patterns in the implementation of the above-mentioned chapters, focusing on systematic or, where possible, regional commonalities and variations; (b) highlights successes and good practices on the one hand, and challenges in implementation on the other; (c) provides an overview of the emerging understanding of the Convention and differences in the reviews, where they have been encountered.

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Extradition and transfer of sentenced persons

Most States parties regulate extradition in their domestic legal systems, usually in codes of criminal procedure or in special extradition acts and laws on international cooperation. The reviews revealed wide variations in terms of the detail with which the matter is addressed. At one extreme, in six States, no domestic provisions are in place and extradition is handled exclusively through the direct application of existing treaties. In three States, no ad hoc provisions have been adopted, except for limited extradition-related articles in the constitution. An ad hoc approach taken by one country involves its courts, when confronted with the lack of domestic legislation on extradition, acting pragmatically by considering how the same or a similar issue has been addressed in other countries belonging to the same legal system. In one country, national legislation is in place, but only with respect to money-laundering offences. The fact that the same country has announced the adoption of an anti-corruption bill containing extradition-related provisions limited to the area of corruption might indicate a tendency towards a compartmentalized approach to extradition. In general, in a number of jurisdictions, statutes on countering money-laundering appear as “self-standing” sources of regulation on extradition matters as lex specialis beside provisions on extradition that are generally applicable to criminal offences.

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