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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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Mutual legal assistance and transfer of criminal proceedings

Article 46, paragraph 1, requires States parties to afford one another the widest measure of mutual legal assistance in investigations, prosecutions and judicial proceedings in relation to offences established in accordance with the Convention. Each State party must therefore ensure that its mutual legal assistance laws and treaties are broad enough to fulfil this obligation. In particular, article 46, paragraph 7, states that paragraphs 9 to 29 of article 46 apply to requests made pursuant to article 46 if the States parties in question are not bound by a treaty of mutual legal assistance. If those States are bound by such a treaty, the corresponding provisions of that treaty apply unless the States agree to apply paragraphs 9 to 29 of article 46 in lieu thereof. States parties are strongly encouraged to apply those paragraphs if they facilitate cooperation.

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