The Legal Framework for the Recovery of Proceeds from Corruption Crimes: Reality and Ambitions

Ali Ahmad Alzubi1, Saleem Isaaf Alazab2 & Shaima “Moh’d Said” Al-Hussien3

https://doi.org/10.62271/pjc.16.3.1199.1210

Abstract
Recovering the proceeds looted through corruption crimes represented a necessary matter for the advancement of countries and the development of their economies. Therefore, these countries rushed to establish numerous mechanisms to ensure their right to recover those funds, with the United Nations Convention against Corruption of 2003 at the forefront. The research addressed the effectiveness of those mechanisms mentioned in the United Nations Convention against Corruption in Recovery, and we observed the research that international
experiences in recovering funds and proceeds obtained from corruption crimes is a complex and expensive subject, and takes a long time, sometimes reaching dozens of years. This indicates that there is a problem regarding organizing recovery. We concluded that international agreements are still incapable and unable to resolve some of the legal and procedural issues arising from recovery. Hence, the pressure exerted by influential and benefiting countries from corrupt funds has increased the difficulty of achieving a significant result in recovering looted funds. We also concluded the necessity of encouraging entities working to provide appropriate training, practical evidence, studies, and experiences gathered from various successful and unsuccessful recovery cases. This includes urging countries to develop their legislation in line with the requirements of applicable international agreements to ensure the success of anti-corruption measures.

Keywords: Corruption Crimes, Asset Recovery, Looted Funds, Recovery Mechanisms, Proceeds.