Combating Economic Crimes

Balancing Competing Rights and Interests in Prosecuting the Crime of Illicit Enrichment.

This book considers the offense of illicit enrichment, which has become a powerful tool in the global war against corruption. The book explores the offense in treaties, customary international law and domestic laws, looking at issues such as the presumption of innocence and human rights.

In the last decade a new tool has been developed in the global war against official corruption through the introduction of the offense of "illicit enrichment" in almost every multilateral anti-corruption convention. Illicit enrichment is defined in these conventions to include a reverse burden clause which triggers an automatic presumption that any public official found in "possession of inexplicable wealth" must have acquired it illicitly. However, the reversal of the burden of proof clauses raises an important human rights issue because they conflict with the accused individual’s right to be presumed innocent. Unfortunately, the recent spate of international legislation against official corruption provides no clear guidelines on how to proceed in balancing the right of the accused to be presumed innocent against the competing right of society to trace and recapture illicitly acquired national wealth.

Combating Economic Crimes

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