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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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Law enforcement

Article 36 calls upon States parties to ensure the existence of a body or bodies or persons specialized in combating corruption through law enforcement. All but a few States parties have established one or more bodies or specialized departments for this purpose. The reasons for not having created such a body often appear to be related to the small size and population of the States in question (e.g., small island States). Although there is no question that those States are bound by the same legal obligations as all States parties to the Convention, despite generally having smaller administrative capacities and limited resources,78 reviewers tended to acknowledge these limitations and focus on the need to strengthen the independence and capacities of regular criminal justice institutions, in particular the police, judiciary, financial intelligence units and other agencies dedicated to financial investigations.

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