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New Arrival Corruption and Misuse of Public Office, 4th Edition

Corruption and Misuse of Public Office, 4th Edition

  • 作者:
  • 出版商: Oxford University Press
  • ISBN: 9780198907329
  • 出版时间 September 2024
  • 规格: Hardback , 936 pages
  • 适应领域: U.K. ? 免责申明:
    Countri(es) stated herein are used as reference only

List Price: ¥3,760.00

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    Combating corruption and the misuse of public office appears to be a never-ending fight. The fourth edition of this authoritative work aims to equip legal practitioners and anti-corruption activists with the latest guidance and tools to keep the forces of corruption and the misuse of public office in the UK and across the globe at bay.

    Fully revised and updated to cover relevant case law and fast-moving developments in both domestic and international spheres, the book's wide-ranging coverage of topics includes: examination of sector specific initiatives; expanded coverage of the FCPA; civil and criminal mechanisms for recovering the proceeds of corruption; and new material on setting standards in the public and private sector. Apart from thorough UK coverage, this new edition also covers the laws and regulations of overseas jurisdictions including China, Canada, the UAE, and developing countries such as Kenya and Nigeria. The book considers the broadening scope of corruption and its intersection with questions of integrity in public life and examines lobbying and the move towards open government.

    Written by leading practitioners with extensive experience of handling corruption cases, the book provides a clear exposition of the current law. It examines the legal and practical issues relating to the investigation and prosecution of corruption cases and includes coverage of specialist areas such as recovering the proceeds of corruption.

    Corruption cases often span jurisdictions. This book enables practitioners to handle any aspect of a corruption case by providing them with detailed analysis of the international efforts to combat corruption, and the legal developments taking place in key jurisdictions and regions covered by UN, EU, OECD, the Commonwealth, and other regional anti-corruption initiatives.

  • 1: The Meaning and Scope of Corruption
    The Meaning of Corruption
    The scope of this book
    Arrangement of the Book
    PART I: CRIMINAL LAW
    2: Corruption and Related Offences before 2011
    Introduction
    The Common Law Offence of Bribery
    Statutory Offences
    Alternative Charges
    Liability of Corporate and Unincorporated Bodies
    Jurisdiction
    Sentencing in Common Law Bribery and Prevention of Corruption Acts Cases
    Other Statutory Offences Involving Corruption
    3: The Movement for Reform
    Early Initiatives
    The Law Commission Report 1998 and the 2003 Draft Corruption Bill
    The Home Office Consultation Paper 2005
    The Transparency International Corruption Bill 2006
    Responses to the Home Office Consultation Paper 2007
    The Law Commission Consultation Paper 2007
    The Law Commission's Report 2008
    The Government's Draft Bill
    The Joint Committee 2009
    The Bribery Bill
    Passage of the Bill
    4: The Bribery Act 2010
    Overview
    General Bribery Offences
    Bribery of Foreign Public Officials
    Failure of Commercial Organisations to Prevent Bribery
    Special Cases
    Prosecutions and Penalties
    Other Provisions about Offences
    Supplementary and Final Provisions
    5: Guidance on 'Adequate Procedures'
    Introduction
    The Statutory Guidance
    The Guidance
    The Six Principles
    Clarification of Difficult Issues
    Standard Setting in the Private Sector
    Sector-Specific Initiatives
    6: Misconduct in a Public Office
    Introduction
    The Scope and Elements of the Offence
    The Elements of the Offence
    Charging practice, applicability of the offence and sentencing policy
    Future developments
    The Tort of Misfeasance in Public Office
    7: Investigation, Prosecution, and Sentencing in Corruption Cases
    Criminal Investigations
    Prosecution Agencies
    Reactive Investigations
    Proactive Investigations
    Whistle-blower Protection
    Sentencing in Corruption Cases
    Recent developments in the prosecution of major corruption cases in the UK
    International Cooperation Generally: Mutual Assistance and Mutual Legal Assistance
    Extradition
    Extradition to the United Kingdom
    Proposed Review of United Kingdom's Extradition Arrangements
    PART II: CONFISCATION AND RECOVERY OF ASSETS
    8: Criminal Confiscation and Civil Recovery
    Recovery of the Proceeds of Corruption
    Criminal Restraint and Confiscation
    Civil Recovery Under POCA
    Non-POCA Civil Recovery
    Jurisdiction and Choice of Law
    Grand Corruption
    9: Civil Actions and Remedies
    Introduction
    Who May Be a Claimant?
    Who May Be a Defendant?
    Remedies Against a Dishonest Agent
    Remedies Against Third Parties
    International Arbitration, Public Policy, and Corruption
    PART III: INTEGRITY IN PUBLIC LIFE
    10: Regulating Conduct in Public Life
    Introduction
    The Legislature
    Executive
    The Judiciary
    The Civil Service
    Local Government
    Other Public Bodies (Quangos)
    PART IV: INTERNATIONAL AND REGIONAL ANTI-CORRUPTION INITIATIVES
    11: The United Nations Convention Against Corruption I: Preventative Measures
    Introduction
    Background to the UNCAC Convention
    Preventive measures
    12: The United Nations Convention Against Corruption II: Criminalisation, International Cooperation, Asset Recovery, and Mechanisms for Implementation
    Introduction
    Criminalisation and law enforcement
    Chapter IV: International cooperation
    Chapter V: Asset recovery
    Mechanisms for implementation
    13: The Bribery of Foreign Public Officials
    Introduction
    The OECD Convention on Combating Bribery of Foreign Public Officials in International Business Transactions 1977
    Criminalization (Article 1)
    The Consequent Debate: The Scope of Criminalization
    Defences
    Liability of Legal Persons (Article 2)
    Sanctions (Article 3)
    Jurisdiction (Article 4)
    Enforcement and Prosecutorial Discretion (Article 5)
    Statute of Limitations (Article 6)
    Money Laundering (Article 7)
    Accounting (Article 8)
    Mutual Legal Assistance (Article 9)
    Extradition (Article 10)
    Tax Deductibility
    Progress and the Future for the OECD Anti-Bribery Convention
    14: European Anti-Corruption Initiatives and Instruments
    Introduction
    Council of Europe
    The European Union
    The OECD
    15: Other International Anti-Corruption Initiatives
    African Initiatives
    The Inter-American Convention Against Corruption
    Asia-Pacific
    The Commonwealth
    The World Bank Group
    PART V: CORRUPTION LAWS OF OTHER JURISDICTIONS
    16: The Investigation and Prosecution of Foreign Corruption in the United States
    Introduction
    Enactment of the Foreign Corrupt Practices Act 1977
    Overview of the FCPA
    The anti-bribery offence
    The FCPA accounting provisions
    Penalties for FCPA Violations
    Offences Frequently Associated with FCPA Violations
    Enforcement
    Conclusions
    17: Common Law Jurisdictions
    Australia
    Canada
    India
    Ireland
    Kenya
    New Zealand
    Nigeria
    Singapore
    The United States
    18: Civil Law and Other Jurisdictions
    Brazil
    China
    France
    Hong Kong
    Russia
    South Africa
    The United Arab Emirates
    19: Offshore Financial Centres
    Definition of an Offshore Financial Centre
    The role of OFC's
    The concern about the OFC's
    Secrecy Jurisdictions
    Banking Secrecy
    Consequences in relation to Corruption and Money Laundering
    The Future of the Issue
    Switzerland
    PART VI: THE ROLE OF CIVIL SOCIETY
    20: The Role of Civil Society Organizations in Combating Corruption
    Introduction
    Promoting Standard Setting in the Corporate Sector
    Providing Access to Legal Materials
    Involvement in the Development of International and Regional Anti-Corruption Instruments
    Providing Education and Training
    Seeking to Quantify Corruption
    Scrutinizing and Contributing to the Development of Anti-Corruption Laws, Procedures and Jurisprudence
    A Note on Selected Anti-Corruption Organisations
    Appendices
    Appendix 1 - Prevention of Corruption Acts 1889 to 1916 and Anti-Terrorism, Crime and Security Act 2001, Part 12: Bribery and Corruption
    Appendix 2 - United Nations Convention Against Corruption
    Appendix 3 - The Bribery Act 2010
    Appendix 4 - Guidance

  • Colin Nicholls QC, Barrister, 3 Raymond Buildings, Timothy Daniel, Partner, Edwards Wildman Palmer UK LLP,Alan Bacarese, Special Counsel, Peters & Peters UK LLP, and John Hatchard, Professor, The Open University, School of Law

  • "...a highly topical book...This worthwhile and valuable contemporary book is now the established work on corruption from the experts." - Phillip Taylor MBE & Elizabeth Taylor of Richmond Green Chambers

    "This book enables practitioners to handle any aspect of a corruption case by providing them with detailed analysis of the international efforts to combat corruption, and the legal developments taking place in key jurisdictions and regions covered by UN, EU, OECD, the Commonwealth, as well as important regions initiatives." - Asad Jamal, Journal of Law and Social Research

    "Corruption and other similar types of offences are pernicious in nature. In the present poor socio-economic climate, the emergence of resources to help in the fight against such types of actions is to be appreciated even more. This book is one of such resources. Its contribution to the legal understanding of corruption/bribery is immense." - Rhonson Salim, Journal of Commonwealth Law and Legal Education

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