By Matthew Kramer, N. E. Simmonds, Hillel Steiner
This selection of essays kinds a full of life debate over the basic features of criminal and ethical rights. The essays study even if rights essentially defend contributors' pursuits or whether or not they in its place essentially permit contributors to make offerings.
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There are many ways of combating this scourge, as the Commentary to the Inter-American Convention against Corruption acknowledges: [s]ome aim at its sources, and involve administrative systems and prevention. These are undoubtedly the best, but we see no reason why any remedy must be rejected. Others aim at individuals and involve criminal sanctions. This is not the best solution, but it is a necessary path, without which prevention itself is lacking in basis. The concept of illicit enrichment belongs to the second category of methods, but may be easily linked to a preventive measure, the property declaration by officials.
Article 268(2) punishes public officials who do not justify an appreciable increase in their assets with imprisonment of two to six years, a fine of 50 to 100 percent of the value of the enrichment, and absolute perpetual incapacitation. Article 268(3) provides for imprisonment of 15 days to 2 years and special perpetual incapacitation for those public officials who are required to present a sworn declaration of assets and maliciously omit to do so. ”13 The Supreme Court of Justice, however, rejected these arguments and dismissed the appeal.
The willingness of courts to allow limitations on the right to silence and the privilege against self-incrimination defangs the objection to illicit enrichment as an infringement on the right to fair trial. 2 Criminalization of illicit enrichment in domestic law Although the offense of “illicit enrichment” is established in the three most important multilateral anti-corruption conventions, only the Inter-American Convention uses mandatory language in proscribing it. Article IX states: Subject to its Constitution and the fundamental principles of its legal system, each State Party that has not yet done so shall take the necessary measures to establish under its laws as an offense a significant increase in the assets of a government official that he cannot reasonably explain in relation to his lawful earnings during the performance of his functions.
A Debate Over Rights: Philosophical Enquiries by Matthew Kramer, N. E. Simmonds, Hillel Steiner
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