343.3OCDE
Monografia
4201
MUTUAL LEGAL ASSISTANCE, EXTRADITION AND RECOVERY OF PROCEEDS OF CORRUPTION IN ASIA AND THE PACIFIC
Mutual legal assistance, extradition and recovery of proceeds of corruption in Asia and the Pacific : frameworks and practices in 27 asian and pacific jurisdictions : thematic review : final report / Asian Development Bank, Organisation for Economic Co-operation and Development.- Paris : ADB/OECD, 2007.- 322p. ; 23 cm
ADB/OECD Anti-Corruption Initiative for Asia and the Pacific
ISBN 978-92-64-04370 (Broch.) : oferta
DIREITO PENAL, CORRUPÇÃO
Part 1 Mutual Legal Assistance, Extradition and Recovery of Proceeds of Corruption in the Asia-Pacific Region—a comparative overview. Introduction. I. The Legal Basis for Rendering Extradition and MLA. A. Treaty-based Cooperation. 1. Bilateral Treaties. 2. Multilateral Treaties. a. United Nations Convention against Corruption. b. OECD Convention on Combating Bribery of Foreign Public Officials in International Business Transactions. c. Southeast Asian Mutual Legal Assistance in Criminal Matters Treaty. d. United Nations Convention against Transnational Organized Crime. e. Commonwealth of Independent States Conventions on Legal Assistance and Legal Relationship in Civil, Family and Criminal Matters. B. Non-treaty Based Arrangements. 1. Cooperation Based on Domestic Law. 2. Cooperation among Commonwealth Countries. 3. Cooperation among Member Countries of the Pacific Islands Forum. 4. Judicial Assistance and Letters Rogatory. C. MLA in Extradition Treaties and Legislation. II. Legal Limitations and Preconditions to Cooperation. A. Extradition of Nationals. B. Extradition and MLA Offenses—Severity and Dual Criminality. 1. Severity. 2. Dual Criminality. C. Reciprocity. D. Evidentiary Tests. E. Specialty and Use Limitation. F. Grounds for Denying Cooperation. 1. Essential and Public Interests. 2. Political Offenses. 3. Double Jeopardy/On-going Proceedings and Investigations in the Requested State. 4. Offense Committed Wholly or Partly in the Requested State. 5. Nature and Severity of Punishment. 6. Bank Secrecy. III. Procedures and Measures to Facilitate Extradition and MLA. A. Preparing, Transmitting and Executing Requests. 1. Preparation of Outgoing Requests. 2. Language of the Request and Translation. 3. Formal Transmission of Requests for Cooperation and Evidence. a. Transmission through the Diplomatic Channel. b. Transmission through Central Authorities. c. Transmission between Law Enforcement Agencies. 4. Urgent Procedures for Extradition and MLA. a. Provisional Arrest as an Emergency Measure for Extradition. b. Urgent MLA Requests. 5. Approval and Execution of Incoming Requests. 6. Participation of Foreign Authorities in Executing Requests. 7. Use of Liaison Personnel. B. Procedural Measures for Enhancing Extradition and MLA. 1. Simplified Extradition through Endorsement of Warrants and Consent Extradition. 2. Appeals. 3. Time Requirements. C. Alternatives to Formal MLA and Extradition. IV. Recovery of Proceeds of Corruption in Criminal Proceedings. A. Legal Basis for Assistance. B. Procedures. 1. Tracing and Identification of Assets. 2. Freezing and Seizure. 3. Confiscation to the Requested State. 4. Repatriation to the Requesting State. Conclusions and Recommendations. Part 2 Frameworks and Practices for Mutual Legal Assistance, Extradition and Recovery of Proceeds in 27 Asian and Pacific Jurisdictions. Australia. Bangladesh. Cambodia. P.R. China. Cook Islands. Fiji Islands. Hong Kong, China. India. Indonesia. Japan. Kazakhstan. Korea. Kyrgyz Republic. Macao, China. Malaysia. Mongolia. Nepal. Pakistan. Palau. Papua New Guinea. Philippines. Samoa. Singapore. Sri Lanka. Thailand. Vanuatu. Vietnam. Annexes. A. Matrix on Extradition Arrangements between Members of the ADB/OECD Anti-Corruption Initiative B. Matrix on MLA Arrangements between Members of the ADB/OECD Anti-Corruption Initiative. C. Matrix on Extradition Arrangements between Members of the ADB/OECD Anti-Corruption Initiative and Parties to the OECD Convention. D. Matrix on MLA Arrangements between Members of the ADB/OECD Anti-Corruption Initiative and Parties to the OECD Convention.