Document Type : Article
Authors
1 Ph.D. In International Law, Department of Public Law, Law and Political Sciences Faculty, Tehran University , Tehran, Iran
2 Associate Professor, Department of Public Law, Law and Political Sciences Faculty, Tehran University, Tehran, Iran
Abstract
The recovery of assets derived from corruption crimes plays a decisive role in preventing corruption offenses. However, traditional or direct asset recovery, which is based on formal cooperation between states, has become practically unsuccessful due to the rapid transfer of corrupt criminal assets from one country to others and the complexity of accessing criminals when they flee. This situation has shifted the focus of judicial, law enforcement, and intelligence agencies towards informal asset recovery, which is based on principles of speed, efficiency, and reliability. Alongside informal recovery, indirect recovery is also considered a new strategy in the field of asset recovery. The main question of this research is what capacities and barriers exist in international law regarding the identification of new strategies for the recovery of assets derived from corruption crimes for the Islamic Republic of Iran. The findings of this research indicate that, firstly, given the rapid transfer of corrupt criminal assets from one jurisdiction to another, the new international legal system has focused on informal mechanisms for recovering assets derived from corruption crimes, such as STAR, IML, etc. Currently, Iran is only a member of one of these mechanisms, and the legal status of this type of cooperation with these frameworks remains undefined. Secondly, attention to the indirect recovery of assets should occur alongside direct recovery, and in this context, some formal mechanisms for asset recovery, such as confiscation without a criminal conviction or administrative confiscation accepted in the Merida Convention, have not been recognized in Iran's legal system.
Keywords
- indirect return of assets
- confiscation without criminal conviction
- informal network
- international judicial assistance
- assets due to corruption.
Main Subjects
- A) Books
- Brun, J.; Sotiropoulou, A.; Gary, L.; Scott, C., & Stephenson, K. ( 2011) ‘’Asset Recovery Handbook: A Guide for Practitioners ‘’ , World Bank Publications (2011). Asset Recovery Handbook: A Guide for Practitioners . World Bank Publications
- Cubbage, C. J., & Brooks, D. (2016). Corporate Security in the Asia-Pacific Region: Crisis, Crime, Fraud, and Misconduct. CRC Press.
- Horder, J., & Alldridge, P. (2013). Modern Bribery Law: Comparative Perspectives. Cambridge University Press.
- Hussain, Y. (2012). Corruption Free India: Fight to Finish.
- Ivory, R. (2014). Corruption, Asset Recovery, and the Protection of Property in Public International Law. Cambridge University Press.
- OECD, Asian Development Bank (2010). ADB/OECD Anti-Corruption Initiative for Asia and the Pacific Asset Recovery and Mutual Legal Assistance in Asia and the Pacific. OECD Publishing.
- Rewizorski, M. (2014). From Washington to St. Petersburg: Development of the G20 as a New Centre of Global Governance . Logos Verlag Berlin GmbH.
- Walker, C., & King, C. (2014). Dirty Assets: Emerging Issues in the Regulation of Criminal and Terrorist Assets. Ashgate Publishing, Ltd.
- B) Articles
- Klose, Bernd H. (2009). Asset Tracing & Recovery: The FraudNet World Compendium, Erich Schmidt Verlag GmbH & Co KG
- C) Documents
- Conference of the States Parties to the United Nations Convention against Corruption (2021). Progress report on the implementation of the activities of the Open-ended Intergovernmental Working Group on Asset Recovery. CAC/COSP/WG.2/2021/2
- International Monetary International Monetary Fund (2008). Liechtenstein: Detailed Assessment Report on Anti-Money Laundering and Combating the Financing of Terrorism. International Monetary Fund.Top of FormBottom of Form
- World Bank (2011). Barriers to Asset Recovery: An Analysis of the Key Barriers and Recommendations for Action. World Bank Publications
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