UNCAC (United Nation's convention against Corruption of 2003)


Question Description

Assignment: make a 5-10 min presentation on the UNCAC (United Nation's convention against Corruption of 2003) and if there is relation to Pakistan

summarize, what is the mission/role of the organization, a little background (when and why was it created) and present role in the developement ecosystem. Then research what they are doing for Pakistan. What types of programs? how much $$ ? with what success or challenges?

Tutor Answer

School: UIUC

Here you go....Please let me know if you have any question. Thanks

The United Nations Convention
against Corruption (UNCAC)


1. General standards regarding the treatment of corruption in
Criminal law
Civil law

2. The role of the international community in the fight against
3. International conventions
The United Nations Convention against Corruption

The treatment of corruption in criminal law
General principles (1)


Laws against corruption should comply with international human rights standards
and afford a fair trial to those accused.


Laws should not be seen as unduly repressive or lenient, and they should enjoy
popular public support; if not, they risk a lack of enforcement.


There should be clear guidelines on sentencing so that sentences are consistent
between one offender and another, and fair, but not outrageously punitive.


Combining the various criminal laws dealing with corruption and secret
commissions together in a single law reduces the possibility of loopholes and can
demonstrate the seriousness with which the law treats this form of behaviour.

The treatment of corruption in criminal law
General principles (2)




Regular reviews of the criminal law framework (including laws of
evidence and of the adequacy of existing penalties) are essential.
Special provisions may be necessary in corruption cases involving illicit
enrichment (i.e.: requiring individuals, once they are shown to be
wealthy beyond the capacity of known sources of income, to establish
the origins of that wealth).
➢ particular difficulty: reversing the burden of proof
Special provisions will be needed to ensure that the proceeds of
corruption can be recaptured by the state - the criminal law should
provide for the tracing, seizure, freezing and forfeiture of illicit earnings
from corruption.
Provisions will also be needed to ensure that the crime of corruption is
seen to include both the payment as well as the receipt of bribes.

The treatment of corruption in civil law
Reasons for having strong recovery mechanisms in the civil law (as opposed
to the criminal law):
➢ the burden of proof is not as demanding
➢ evidence obtained through civil law need only establish guilt via a “balance
of probabilities” rather than “beyond a reasonable doubt”
➢ civil law has a broader reach
➢ judgments obtained in civil courts can usually be enforced in a large
number of foreign countries (to obtain the contents of foreign bank
accounts and other assets
Dealing with the practice of hiding officials’ wealth in family trusts or other
➢ declaring “matrimonial property” claims brought by spouses against asset...

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