Prevention plays a crucial role in combating corruption. It helps tackle corruption before it can result in serious negative consequences and helps address its root causes. Effective preventive strategies and measures strengthen integrity of public institutions and public officials and promote public trust and confidence in their actions. Recognizing the importance of preventing and proactively addressing corruption, the TCACW dedicates one of its chapters solely to prevention. This chapter presents a comprehensive and mutually reinforcing system of measures directed at both the public and the private sectors that, if applied, provide the transparency and accountability to prevent opportunities for acts of corruption.These steps involve proactive measures, such as creating effective and coordinated strategies to combat corruption and establishing bodies to prevent corruption, as well as measures to ensure openness in the funding of election campaigns and political parties. The (TCACW) also states that public services should be protected to encourage efficiency, transparency, and recruitment based on ability. Once hired, public servants should adhere to codes of behavior, requirements for financial and other disclosures, and appropriate disciplinary actions. Transparency and accountability in public finance should also be encouraged, and specific regulations are set out to prevent corruption involving the private sector. In vital areas of the public sector, like the judiciary, the prosecution service, and public procurement, the TCACW advocates for actions to enhance the transparency and honesty of the institutions and individuals involved. To combat corruption, it's crucial for all members of society to contribute. To encourage this inclusive approach, the TCACW urges countries to facilitate the active participation of individuals and groups outside the public sector, such as civil society, non-governmental organizations, and community-based organizations. Additionally, it emphasizes the significance of public reporting and access to information in the fight against corruption.
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.
As cases of corruption frequently involve intricate transnational aspects, it is crucial to have strong international cooperation in order to effectively investigate and prosecute them. International cooperation fosters a unified and coordinated global strategy for combating this offense and facilitates the exchange of information, evidence, and vital legal support among relevant authorities in various countries. The TCACW recognizes the complex national and international nature of corruption cases and includes a whole section on national and global collaboration. This section provides a solid foundation for countries to participate in international collaboration at both formal and informal levels. To achieve this, countries agree to have independent and specialized law enforcement agencies to offer the broadest possible mutual legal assistance and to directly and securely exchange information on ongoing corruption cases. The TCACW also addresses other methods of international collaboration in criminal matters, such as extradition, transferring sentenced individuals, direct law enforcement collaboration, joint investigations, and special investigative methods. It also urges countries to consider supporting each other, when appropriate, in civil and administrative investigations and procedures.