العائدت الجرمية في جرائم الفساد
Date
2021-05-27
Authors
أسيل أحمد حسين ربيع
Aseel Ahmed Rabee
Journal Title
Journal ISSN
Volume Title
Publisher
Al-Quds University
Abstract
This study deals with the "Criminal proceeds in corruption offenses", indicating the criminal proceeds obtained by the crimes of corruption, and the recovery of these proceeds in order to strip the perpetrators of the crimes of their profits and standing before the corrupt's desire to commit a crime in order to maintain countries' economic stability and save their savings.
The study stemmed from a major question centered on the extent to which the Palestinian project has found an integrated system to recover assets in a way that ensures that they are not leaked and preserves the state's capabilities?
Several sub-questions emerges from this question, which are; the extent of efforts exerted at the international level to recover the criminal proceeds derived from corruption crimes? And the size of international cooperation in this regard? What are the obstacles and challenges facing the recovery process and its system in general, whether at the local or international level?
The study is divided into two chapters. in addition to the general framework of the subject of the study. The first chapter studies the
proceeds of crime in corruption crimes by clarifying the concept of criminal proceeds, which is defined by the international level in the "United Nations Convention against Corruption" and other international and regional agreements, as well as on the local level in Palestinian legislation and some comparative legislation.
The first chapter also includes forms and types of criminal proceeds represented by tangible and intangible returns. The study presents sources of these criminal proceeds in which these proceeds are obtained, and who are the subject of it. The study also shows if these criminal proceeds are recoverable, represented by traditional corruption crimes and new corruption crimes in the light of the United Nations Convention that fight corruption.
Furthermore, the second chapter of this study deals with recovering the criminal proceeds in the crime of corruption. Explaining the nature of restitution and its conditions, the study at the end of the second chapter gives a model for the mechanisms of international cooperation to recover the proceeds and its legal system, and concluded to present the most prominent obstacles and challenges facing the recovery process in general, which would impede the completion of this process.
The study concluded with several outcomes. The most important of which is that the legal framework for corruption offenses is no longer limited to: The public sector, but expanded to reach the private sector, therefore, this poses a new challenge for countries in their attempt to eliminate the aspects of corruption crimes that
reduce the size of the criminal proceeds recovery. The conceptualization of crime and its expansion would reduce the success rate of the proceeds recovery process criminal charges. In addition to the above, and given that the recovery process cross-borders, international institutions countries face many challenges, perhaps the most important of which are banking secrecy, political obstacles and duplication of criminalization. The extent to which the United Nations Convention against Corruption and other conventions are binding in the interior legislation.
Finally, the study reached a set of recommendations and suggestions that can be made concerning:
the proceeds of crime and the process of recovering them, the most prominent of which was the need to amend the penal code applied in Palestine or the enactment of a new penal law that is compatible with all traditional and modern crimes of corruption. Moreover, the necessity of legislating a special law related to the recovery of the proceeds of crime, including methods of investigating these proceeds and how to seize them, as well as mechanisms for recovering criminal proceeds by stipulating mechanisms of International cooperation, mutual legal assistance, measures of recovery and extradition. Along with returning and disposing of the proceeds, and all procedures that may be affected by the refund process at the domestic and international level.
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Citation
ربيع، أسيل أحمد. (2021). العائدت الجرمية في جرائم الفساد [رسالة ماجستير منشورة، جامعة القدس،
فلسطين]. المستودع الرقمي لجامعة القدس. https://arab-scholars.com/92fd5a