Law Enforcement & Criminalization (Pillar-II)
Making corrupt activities illegal and effectively upholding the relevant laws is crucial in the fight against corruption and in the efforts to address its harmful impacts. It offers a way to ensure fairness and hold those responsible for their actions accountable. Additionally, the criminalization of corrupt activities and enforcement of laws support the establishment of a legal framework and act as a strong deterrent against engaging in corruption.
The TCACW devotes a whole chapter to criminalization and law enforcement, urging countries to criminalize, investigate, prosecute, and adjudicate corruption in both public and private sectors to put an end to impunity. Regarding criminalization, the TCACW urges countries to combat various corrupt behaviors, such as domestic and international bribery, influence peddling, abuse of power, embezzlement, and money laundering, as well as offenses like corruption in the private sector, obstruction of justice, and illegal enrichment. Countries pledge to impose suitable penalties and judicial measures to ensure that those responsible, whether individuals, companies, or legal entities, are held accountable.
In the area of law enforcement, countries agree to establish independent, specialized law enforcement agencies dedicated to combating corruption. These agencies should have the necessary independence, resources, and expertise to effectively investigate, prosecute, and adjudicate corruption and related crimes.
The TCACW also emphasizes the need for improved coordination, cooperation, and information sharing among authorities and with the private sector. Additionally, measures should be in place to safeguard witnesses, experts, victims, and whistleblowers, and to deprive perpetrators of their illegal gains through asset freezing, seizure, and confiscation.
Civil society and other stakeholders are encouraged to play a role in combating corruption in all its manifestations. These provisions are supported by the sections of the TCACW addressing prevention, international cooperation, and asset recovery.