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 asset recovery resulting from corruption offenses play a crucial role in the prevention of corruption offenses. The rapid transfer of corrupt criminal assets from one country to another and the complexity of accessing their perpetrators when they flee the country have been virtually unsuccessful, leaving the judiciary, law enforcement and intelligence agencies to focus on the informal return of assets based on It is based on the principles of speed, efficiency, reliability, etc،; In addition to informal returns, indirect returns are another new strategy in the field of asset returns. In any case, the main question in the present study is what are the capacities and obstacles in the international legal system in identifying new strategies for the return of assets resulting from corruption crimes for the Islamic Republic of Iran? The speed of transfer of criminal assets of corruption from one jurisdiction to other jurisdictions, in the new international legal system, attention has been paid to the informal mechanisms of return of assets resulting from corruption offenses such as Star, Emolin, etc., which in Today, the Iranian legal system has found membership in only one of them, namely ARIN, and the legal status of this type of cooperation with these mechanisms has not been determined. Secondly, attention to indirect asset recovery should be done in line with direct return, Some formal mechanisms for the asset recovery, such as confiscation without criminal conviction or administrative confiscation, which are accepted in the Merida Convention, are not recognized in the Iranian 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
References in Persian:
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