This insightful book explores the question of why there are so few successful corruption-related prosecutions in Anglophone African countries and considers how this situation can be addressed. John Hatchard analyses the unique challenges faced by anti-corruption investigators and prosecutors in effectively implementing the requirements of the criminalisation pillar contained in the United Nations Convention Against Corruption.
Hatchard discusses the tension between proving corruption that is, providing for effective investigations and evidence gathering, and utilising this to facilitate prosecutions versus defending the corrupt protecting the constitutional rights of those facing prosecution and challenging the admissibility of key prosecution evidence. He advocates for the adoption of the Golden Triangle and a fairness approach. This requires balancing a triangulation of interests: protecting the constitutional rights of the accused, considering the interests of victims of corruption and maintaining the public interest in combating corruption effectively. Through analysis of anti-corruption legislation and judicial pronouncements, Hatchard demonstrates how to make the fairness approach effective with a view to strengthening the criminalisation pillar.
This unique and influential book is of worldwide interest for students and academics studying law, politics and business. Its practical insights will also greatly benefit anti-corruption agencies, legal practitioners, policymakers, law reformers, civil society organisations and the corporate sector.
Arvustused
Corruption undermines democratic institutions, retards economic development, and discourages foreign investments. An essential element in the efforts to eradicate it is the development of a legal and judicial framework at the international and domestic level within which to fight the scourge of corruption. The book discusses a range of approaches to the fight against corruption. It is comprehensive, insightful, and is a significant contribution to the search for effective approaches to the fight against corruption. -- Muna Ndulo, Cornell University, USA
Contents
Preface
1 Proving corruption and defending the corrupt: setting the
scene
2 Proof, truth and the Golden Triangle
3 The international and Africa-related anti-corruption
conventions and initiatives
4 Evidence gathering by domestic anti-corruption agencies and
related bodies
5 The admissibility of evidence derived from special
investigative techniques
6 International cooperation and the admissibility of evidence
obtained from abroad
7 Defending the corrupt, the rules of evidence and protecting
constitutional rights
8 The burden and standard of proof in corruption-related cases
9 Obtaining confessions
10 Addressing the wall of silence
11 The hearsay rule and the constitutional right to confrontation
12 Witness-related issues
John Hatchard, Emeritus Professor of Law, University of Buckingham UK, Visiting Professor, UN International Anti-Corruption Academy, Vienna, Austria, Visiting Professor, University of Detroit-Mercy, USA, Fellow, Center for Constitutional Design, Arizona State University, USA and Vice-President, Commonwealth Legal Education Association
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