Inexplicable wealth and illicit enrichment of public officials: A model draft that respects human rights in corruption cases

The employment of crimes of inexplicable wealth as an anti-corruption tool has been increasingly advocated in recent years. The United Nations Convention against Corruption calls for the creation of a crime of illicit enrichment. This paper seeks to evaluate the drafting of such crimes from human rights and criminal justice perspectives. The author considers the jurisprudence from the United States, Canada, United Kingdom and South Africa, as well as the European Court of Human Rights. The paper also evaluates the Hong Kong inexplicable wealth offence and subjects it to criticism in terms of the rights of defendants and the lack of clarity in drafting. The author concludes that there is no need for a specific crime of inexplicable wealth. A crime of corruption is perfectly adequate. All that is required is the use of a special rule of evidence which places the evidential burden upon the defendant. The use of a mandatory presumption of law is the most clear analytical method of drafting. This is consistent with human rights standards and common law jurisprudence. Finally, regulatory offences requiring proper financial record keeping and declarations of wealth should be created alongside the more serious corruption offence. These could impose strict liability. Wealth previously declared by public officials should not be presumed to be corrupt funds for the purposes of any corruption prosecution. This approach is consistent with the United Nations Convention Against Corruption and would represent an acceptable mode of implementing that treaty.     

Organizational corruption by public hospitals in China

This article studies the rise of organizational corruption by public hospitals in China since the 1990s and its impacts. Organizational corruption refers to the exploitation of public authority by a government agency for its monetary or material gains. This article argues that a combination of three major factors contributed to the rise of organizational corruption by public hospitals. First, the Chinese government substantially reduced its financial commitment to the health sector since the mid-1980s. To compensate for the retrenchment of government health outlays, public hospitals are authorized to earn revenue, keep and use all budgetary surpluses. This policy provided numerous opportunities and incentives for hospitals to engage in corruption. The second factor concerns the excessive and chaotic development of the pharmaceutical sector. Intense competition has prompted many drug firms to offer bribes to public hospitals so that their products would be purchased. Finally, the state regulatory infrastructure has failed to check the spread of corrupt practices. The study raised two broader implications. First, it highlights the pitfall of retrenchment of government outlays and the subsequent policy of allowing state agencies to generate, retain and use the revenue, in the absence of an effective regulatory infrastructure. Second, the prevalence of organizational corruption indicates that the nature of public hospitals in China has been transformed. Instead of providing efficient, safe and affordable treatment for patients, many public hospitals have engaged in predatory behavior that is harmful to patients’ health.     

Bureaucrats’ corruption and competition in public administration

Competition in public administration is often advocated as a solution to bureaucrats’ corruption. However, there are no well developed analyses of how competition could succeed and the issue of its detailed design has not been carefully addressed so far. In this paper, we put forward a series of models that help understand what competition in public administration can actually accomplish. We distinguish two different shapes that corruption may take: bribery and extortion, and we demonstrate, under the usual assumption of asymmetric information as to the honesty of the bureaucrats, that while competition is effective in fighting extortion it exacerbates bribery. Given that corruption normally manifests itself simultaneously under the two different shapes, an anti-corruption policy based upon competition is bound to face a serious trade-off: trying to curb one of them through competition implies making the other worse. This result holds, with some differences, under exogenous and endogenous bureaucrats’ “honesty”. The dual aspect of corruption is probably one of the most serious—and so far largely neglected—obstacles to any effective anti-corruption policy.     

Political corruption and the role of public prosecutors in Italy

This paper analyzes the problem of political corruption in Italy and the role public prosecutors have played in unraveling such a phenomenon. The factors that have contributed to fostering systemic corruption as well as those that have contributed to uncovering such a system are given careful consideration. The most relevant conclusion is that whereas endogenous forces in the judiciary (prosecutors and judges) — in particular, its low level of institutional autonomy — have prevented it from containing corruption, exogenous forces — which have broken the conditions that had favoured the stability of the so-called first Republic — have led prosecutors to engage in massive investigations.This article is a revised version of the paper prepared for delivery at the 1994 Workshop on Corruption and Politics held at the Instituto Internacional de Sociologia Juridica, Onati (Spain), July 13–14, 1994. I am appreciative to Prof. Giuseppe Di Federico (University of Bologna) for his deep insights of this complex matter and for his very useful comments.     

What can be done against public corruption and fraud: Expert views on strategies to protect public integrity

A number of questions dominate the debate about public corruption and fraud. First of all, of course, there is the question of the content of these phenomena. What is corruption, what is fraud and how is it related to power abuse and public waste? Some scholars stress that these questions are unanswerable if ethnocentrism is to be avoided. Others are more positive about the possibility to grasp the central meaning of the concepts. A second type of questions has to do with understanding public corruption and fraud. To define a concept is something; to understand it is something different. Understanding means knowing the causes and consequences. To be able to understand it, corruption should be given a place in the framework of knowledge about public structure, culture and behavior. This is all but a simple endeavor because it will make a difference which theoretical and methodological framework is chosen as a starting point. This article seeks to avoid this obstacle by choosing an approach which could be categorized as pragmatic and eclectic, trying to discover whether there are causes which are seen as important by a variety of experts with different academical and occupational backgrounds: is there a common core present in different approaches? Third, there is the normative debate. What are the positive and negative consequences of corruption and fraud and how can cost and benefits be compared and judged? Nowadays, most scholars and practitioners in the field stress the negative consequences of public corruption and fraud. Such a critical attitude almost automatically leads to a fourth type of debate, about the question “what to do about it?”. Which methods and strategies are thinkable and what works? This subject is the central one in this article.     

Women in government, public corruption, and liberal democracy: a panel analysis

Ever since a 2001 World Bank report, many policymakers have come to accept a gender-based approach to corruption control, which posits that women in government reduce corruption because females are more ethical than males. An alternative explanation asserting the spuriousness of the gender-corruption link suggests that both gender equality and lower corruption result from a functioning liberal democracy. In this study, eight hypotheses are formulated and tested with longitudinal data for 204 countries. Findings demonstrate that neither the level of women in government nor a change in it has any impact on the prevalence and/or short-term trend of corruption. But both the strength of liberal institutions and an increase in this strength predict the prevalence and trend of corruption.     

The multi-shade paradox of public corruption: the Moldovan case of dirty hands and collective action

Corruption is an undoubtedly a difficult conceptual area to operate in. This is particularly accurate for the post-Soviet space, where seemingly mutually exclusive forces appear to coexist on regular basis, defying and rejecting rational interpretations. Standard assumptions, definitions and theoretical perspectives often fail to generate useful understandings of corruption in Eastern Europe, habitually obscuring fundamental patterns, hence leaving corruption largely misunderstood. In order to construct anticorruption policies that would be effective in the environment where corruption is systemic, it is critical to resist the temptation of eschewing the complexity of societal factors by over-focusing on the corrupt individual. In an effort to reemphasize the imperative role played by societal variables in explaining corruption in the post-Soviet space, this article uses insights gathered from studying corruption in Republic of Moldova to discuss the role of three fundamental dynamics: “dirty hands,” the problem of “collective action” and the achromatic schema of white-gray-black corruption.     

The ethics of maxima and minima combined with social justice as a form of public corruption prevention

In recent decades, corruption has become one of the main problems perceived by Spanish society. As a result, the country’s citizens are experiencing a high level of disenchantment with politics and a general loss of confidence in the way public institutions function. Although in the last few years more stringent laws have been brought in to speed up procedures and help pursue crimes of corruption, the fact of the matter is that they have done little to reduce these cases and so they are not enough to put an end to the problem. There is a strong likelihood that, if a positive morality and a strong mutual union between ethics and politics were in place, legal loopholes would not be used for individual profitmaking operations that make a mockery of justice and the common good. Because of this, and taking public ethics as a basis, this article will review and discuss Adela Cortina’s hermeneutic definitions “of maxima and minima” and Agustín Domingo Moratalla’s concept of “social justice” in order to suggest tools that can be applied in preventing and fighting against political corruption.

     

Minimising corruption: Applying lessons from the crime prevention literature

This article explores how the criminology literature, particularly the literature on crime prevention, might supplement current efforts to minimise corruption. It seeks to identify and apply approaches to offenders and offending to the problem of minimising corruption. In summary, this article demonstrates that the crime prevention literature does have a number of applications for those interested in minimising corruption. In general terms, this literature advocates, amongst other things, taking an informed approach to corruption minimisation by developing an understanding of the process of engaging in corrupt conduct. Exploring the offender's perspective and considering different types of corruption separately are two strategies suggested to facilitate understanding the factors which underlie corrupt conduct. In this way those seeking to minimise corruption would be better placed to identify how and where to intervene to optimise the likelihood of prevention and hence be able to tailor prevention techniques to individual types of corruption. Six specific lessons from the crime prevention literature and their applications are illustrated in this article. This current article is intended to promote discussion of potential strategies for combating corruption by the growing numbers of people interested in this challenge. This revised version was published online in July 2006 with corrections to the Cover Date.     

解决腐败问题应注重从源头抓起

腐败问题关系执政党的生死存亡,无论哪个国家的哪个政党执政,都必须解决这个问题.因此,反腐败是一个长期而艰巨的任务.笔者着眼于解决问题的源头,提出推进反腐倡廉教育是从源头上解决腐败问题的重要手段,完善健全反腐倡廉制度是从源头上解决腐败问题的核心,强化监督制约机制是从源头上解决腐败问题的保障.     

The resources of corruption: Some reflections from the Italian Case

This article focuses on the resources used in corrupt exchanges and the complex network of actors involved. The empirical analysis is drawn from research into the Italian case, and is based on judicial investigations, a newspaper-based data bank, and interviews. Defining corruption as a market for political rent, the analysis focuses on the “commodities” which flow from the public to the private sectors (in particular, influence over political decisions and information) and those which flow in the opposite direction (such as bribes, influence on the mass media etc.). Resources which corrupt agents use to reduce the costs of “producing” corrupt services are also explored as well as the risks involved in hidden exchange. This revised version was published online in July 2006 with corrections to the Cover Date.     

Factors associated with escalation and problematic approaches toward public figures

Detailed comparison of factors associated with abnormal approach to the prominent and with escalation from communication to approach has not hitherto been undertaken. This partially reflects the failure of individual studies to adopt compatible terminologies. This study involves a careful dissection of six public figure studies, three involving U.S. politicians, two Hollywood celebrities, and one the British Royal Family. Common findings were unearthed across six headings. Approachers were significantly more likely to exhibit serious mental illness, engage in multiple means of communication, involve multiple contacts/targets, and to incorporate into their communication requests for help. They were significantly less likely to use threatening or antagonistic language in their communications, except in those cases involving security breaches. These results emphasize the importance of integrating mental health findings and preventive measures into risk management. Approach should not be regarded as a single behavioral category and has multiple motivations. Future studies should adopt standard terminology, preferably taken from the general stalking research.     

制约权力是"从源头上预防和治理腐败"的根本之策

腐败的根源在于权力的异化，制约权力是从源头上预防和治理腐败的根本之策。制约权力主要是对公共权力从权力的授予、权力的分配、权力运作的程序、方式、行使权力后的结果及责任，采用科学的机制与方式，进行管理、控制、约束。     

Does social capital deter youth from cheating, alcohol use, and violence in Turkey?: Bringing torpil in

The objective of this study was to explore the link between social capital and cheating, alcohol use, and violence using a self-reported survey involving a sample of Turkish university students. The relatively comprehensive measures of social capital included both parental social capital (membership in organizations, political engagement, book/newspaper readership, parental control over the youth's social network, and religion) and youth social capital (civic intolerance, religion, influential connection, social exchange among classmates, membership in organizations, trust, and voting). Findings tended to indicate that most social capital measures were not consistently significant and that social capital had both negative and positive aspects. Social capital deprivation, a ‘new’ concept, was for the first time used and tested: it had a positive impact on deviant behavior.