Publication: Victims of Corruption: Back for Payback
Loading...
Date
2024-01-02
ISSN
Published
2024-01-02
Editor(s)
Abstract
Corruption harms communities and impacts the global economy. It discourages business opportunities, hinders foreign aid and investment, and exacerbates inequality. It victimizes society’s most vulnerable and marginalized individuals by affecting their ability to meet their basic needs, as well as reducing their chances of overcoming poverty and exclusion. As such, anti-corruption efforts would be incomplete if damages arising from corrupt acts remain unaddressed. This publication aims at stimulating further research and exchange on the matter by providing an overview of the current state of law and practice regarding the recovery of corruption damages; outlining the different types of legal frameworks and avenues available in different legal systems; and the respective legal barriers and other challenges that may arise.
Link to Data Set
Citation
“Falconi, Felipe Freitas; Ugaz, José; Garcia, Juanita Olaya; Soto, Yara Esquivel. 2024. Victims of Corruption: Back for Payback. © World Bank. http://hdl.handle.net/10986/40818 License: CC BY-NC 3.0 IGO.”
Associated URLs
Associated content
Other publications in this report series
Journal
Journal Volume
Journal Issue
Collections
Related items
Showing items related by metadata.
Publication Assessing Political Commitment to Fighting Corruption(World Bank, Washington, DC, 1999-09)Rarely discussed 15 years ago, the commitment of political leaders to reform--that is, their willingness to implement and sustain reform--is now widely accepted as crucial for aid effectiveness. Nowhere is political commitment more important--and more difficult to sustain--than in implementing reforms to fight corruption. Governments increasingly seek external assistance to meet this challenge. More than any other public sector reform, reducing corruption may threaten poltical coalitions and a government's survival--and threats to political survival weaken the resolve of even the most committed leaders. This Note describes methods that might be used to objectively evaluate a government's political commitment to reducing corruption, whether petty, grand or systemic.Publication Changing Norms is Key to Fighting Everyday Corruption(World Bank, Washington, DC, 2011-10)One of the biggest impediments to anticorruption efforts is the fact that corrupt practices have become so institutionalized in everyday society that citizens view them as fixed and incontestable. To break down such an entrenched mind-set, the public s ignorance of their rights, cynicism, fear of reprisal, and mentality of submission to the status quo must first be defeated. Perhaps most important, the efficacy challenge needs to be addressed. Citizens generally must believe that they can actually do something about corruption in order to summon the courage to act upon that belief. Based on CommGAP s interactions with the global anticorruption community as well as earlier research, we were able to collate 18 representative instances (case studies) from around the world, with real-life examples of citizens coming together to speak up against corruption and social norms vis-à-vis corruption or to change public services affected by corrupt practices. This report is a one-step-up analysis of the collated case studies, which is intended to shed light on practical approaches, tools, and techniques that have been successful in bringing citizens together to stand against the daunting phenomenon of corruption.Publication Public Wrongs, Private Actions : Civil Lawsuits to Recover Stolen Assets(Washington, DC: World Bank, 2015)Corruption and thefts of public assets harm a diffuse set of victims, weakens confidence in public institutions, damages the private investment climate, and threatens the foundations of the society as a whole. In developing countries with scarce public resources, the cost of corruption is an impediment to development: developing countries lose between US$20 to US$40 billion each year through bribery, misappropriation of funds, and other corrupt practices. Corruption is by no means a "victimless crime." This study aims to explore the standing of States and Government entities as victims and the possible recourse to private actions to redress public wrongs. States and Government entities may act as private litigants and bring civil suits to recover assets lost to corruption. The goal of this work is to promote knowledge and understanding as well as to increase the use of civil remedies and private lawsuits to recover stolen assets in the context of the United Nations Convention against Corruption (UNCAC) offences. The UNCAC, the global standard for the fight against corruption, does not contain a legal definition of corruption itself but lists an array of offences, including public and private sector bribery and the embezzlement of public and private sector funds. The study will mainly focus on these two types of corruption, namely bribery and embezzlement of funds. This study is not intended in any way to minimize the importance of criminal proceedings and confiscation in addressing acts of corruption. Rather, it will show that civil law remedies can effectively complement criminal penalties by attacking the economic base of corrupt activities both in the public and the private sectors. In fact, given the magnitude of the challenges, all avenues of asset recovery, be they criminal or civil, should be explored simultaneously in order to tackle corruption from each and every angle and achieve the goals of deterrence and enforcement. Hence, while criminal law expresses society's disapproval of the corrupt acts and aims at dissuasion, punishment, and confiscation of illicit proceeds, civil law focuses on victims' interests and aims at compensation and restitution. These procedures may occur sometimes in parallel, sometimes sequentially. An effective response to corruption very often requires concomitant use of both criminal and civil law remedies to achieve the desired result.Publication Addressing the Enforcement Gap to Counter Crime(World Bank, Washington, DC, 2016-03)Crime and violence impede development and disproportionally impact poor people in many countries across the world. Though crime and violence represent serious problems in many countries, less-developed countries experience particular concentrations, especially those that are characterized by fragile or less-trusted government institutions and pervasive insecurity. Under such circumstances, human, social, political, and economic development suffers. Research across the globe has shown that holistic approaches that focus on the entire spectrum of a government's crime response chain, ranging from crime prevention to enforcement, tend to have better outcomes than isolated interventions involving only the police or other individual government agency. To date, most of the Bank's investment in efforts to reduce crime have focused on crime prevention in the form of urban and social development programs. Investment and policy lending that support the improvement of police operations to reduce crime and develop stronger neighborhoods are more limited. To assist country teams and client counterparts in their efforts to develop effective, holistic responses against crime that include the police, justice reform staff in the Governance Global Practice teamed up with internationally recognized experts to compile evidence-based good practice information for developing effective police responses to crime. The resulting three part publication, titled Addressing the Enforcement Gap to Counter Crime: Investing in Public Safety, the Rule of Law and Local Development in Poor Neighborhoods outlines the impact of crime and violence on development and the poor in particular and explains a proven three-pronged approach to creating police agencies that work in collaboration with communities and other government and private service providers to identify crime problems, develop holistic and inclusive solutions the apply a restorative justice approach. The publication also outlines how such approach can be integrated into Bank projects and client country reform plans.Publication Protecting Children from Cybercrime(World Bank, Washington, DC, 2015)This regional study is focused on the prevention and combat of violence against children through the internet in Latin American countries in order to illuminate problems shared by the different countries, identify the gaps in legislation, and highlight good practices in the prevention and protection of minor victims of online sexual exploitation. Framed by international and regional standards on the protection of children from online exploitation, this regional study consists of an analysis of national legislation, regulation, and private and public policy responses to protect children from violence and sexual abuse through the use of the internet and new media and technologies. The analysis reviewed constitutions and domestic laws assessing their compliance with international instruments and verifying the progress made in harmonizing with international patterns. This regional study is focused on child abuse images (CAI), more commonly identified as child pornography, and online grooming, cyberbullying, and sexting, which are the most common offenses perpetrated online that threaten a child’s right to a healthy life and sexual dignity. It takes into account research and studies related to the use and misuse of information and communication technologies (ICTs), official statistics related to crimes committed against children through the internet, and the use of ICTs by children, specifically reports produced by the International Telecommunication Union (ITU), Council of Europe (CoE), United Nations Childrens Fund (UNICEF), End Child Prostitution, Child Pornography and Trafficking of Children for Sexual Purposes (ECPAT), and the International Centre for Missing and Exploited Children (ICMEC). Doctrine and interviews with national authorities dealing directly with these issues were also considered.
Users also downloaded
Showing related downloaded files
Publication Global Economic Prospects, January 2025(Washington, DC: World Bank, 2025-01-16)Global growth is expected to hold steady at 2.7 percent in 2025-26. However, the global economy appears to be settling at a low growth rate that will be insufficient to foster sustained economic development—with the possibility of further headwinds from heightened policy uncertainty and adverse trade policy shifts, geopolitical tensions, persistent inflation, and climate-related natural disasters. Against this backdrop, emerging market and developing economies are set to enter the second quarter of the twenty-first century with per capita incomes on a trajectory that implies substantially slower catch-up toward advanced-economy living standards than they previously experienced. Without course corrections, most low-income countries are unlikely to graduate to middle-income status by the middle of the century. Policy action at both global and national levels is needed to foster a more favorable external environment, enhance macroeconomic stability, reduce structural constraints, address the effects of climate change, and thus accelerate long-term growth and development.Publication Global Economic Prospects, June 2024(Washington, DC: World Bank, 2024-06-11)After several years of negative shocks, global growth is expected to hold steady in 2024 and then edge up in the next couple of years, in part aided by cautious monetary policy easing as inflation gradually declines. However, economic prospects are envisaged to remain tepid, especially in the most vulnerable countries. Risks to the outlook, while more balanced, are still tilted to the downside, including the possibility of escalating geopolitical tensions, further trade fragmentation, and higher-for-longer interest rates. Natural disasters related to climate change could also hinder activity. Subdued growth prospects across many emerging market and developing economies and continued risks underscore the need for decisive policy action at the global and national levels. Global Economic Prospects is a World Bank Group Flagship Report that examines global economic developments and prospects, with a special focus on emerging market and developing economies, on a semiannual basis (in January and June). Each edition includes analytical pieces on topical policy challenges faced by these economies.Publication Inequalities in Sub-Saharan Africa(Washington, DC: World Bank, 2025-01-17)The growing disparity between the rich and poor remains a critical challenge, affecting countries across all continents, irrespective of their per capita gross domestic product. This widening gap not only impedes efforts to eradicate extreme poverty but also hinders progress toward social justice and resilience-building. Rising inequalities pose substantial barriers to sustainable development, and it is within this context that this book, 'Inequalities in Sub-Saharan Africa: Multidimensional Perspectives and Future Challenges', contributes to ongoing debates, offering a comprehensive analysis of the current challenges and future perspectives of inequality on the African continent. Despite the intensification of calls for wealth taxation and inequality reduction, progress has been slow. A key challenge lies in creating a viable political path for implementing progressive taxation policies. Resistance from those benefiting from the current system often stalls efforts, making progress difficult. Moreover, reducing inequality requires mechanisms that address inequality at its roots. Policies targeting education, competition, financial market regulation, and industrial development all hold the potential to create equitable economic opportunities, ensuring access to credit, job creation, and more-balanced economic growth. Despite facing unique, profound challenges, Africa is often overlooked in these global discussions. This book seeks to place the continent’s issues of income inequality, unequal access to education and health care, climate vulnerability, and inclusive growth at the center of the conversation. The book further advocates for innovative policies, including competition reforms and bargaining frameworks that shift the balance between capital and labor. Given that inequality in Africa is deeply rooted in historical, economic, and institutional factors, a stronger focus on pre-distribution policies is necessary. These systemic changes can help reshape the conditions under which inequality emerges and persists. In addition to policy reforms, it is vital to strengthen the research and academic infrastructure that underpins the understanding of inequality. Equity concerns must be addressed within the scientific field, and African research capabilities must be bolstered. This volume, written in collaboration with the African Center of Excellence for Inequality Research, calls for a greater focus on empowering African researchers as part of a broader development strategy. By doing so, it aligns with the World Bank’s and the Agence Française de Développement’s commitment to supporting research as a critical tool for sustainable development.Publication Applying the Degree of Urbanisation(European Union/FAO/UN-Habitat/OECD/The World Bank, 2025-01-31)This manual develops a harmonised methodology to facilitate international statistical comparisons and to classify the entire territory of a country along an urban-rural continuum. The degree of urbanisation classification defines cities, towns and semi-dense areas, and rural areas. This first level of the classification may be complemented by a range of more detailed concepts, such as: metropolitan areas, commuting zones, dense towns, semi-dense towns, suburban or peri-urban areas, villages, dispersed rural areas and mostly uninhabited areas. The manual is intended to complement and not replace the definitions used by national statistical offices (NSOs) and ministries. It has been designed principally as a guide for data producers, suppliers and statisticians so that they have the necessary information to implement the methodology and ensure coherency within their data collections. It may also be of interest to users of subnational statistics so they may better understand, interpret and use official subnational statistics for taking informed decisions and policymaking. This report has been produced in close collaboration by six organisations, the European Commission, the Food and Agriculture Organization of the United Nations (FAO), the United Nations Human Settlements Programme (UNHabitat), the International Labour Organization (ILO), the Organisation for Economic Co-operation and Development (OECD) and The World Bank.Publication Services Unbound(Washington, DC: World Bank, 2024-12-09)Services are a new force for innovation, trade, and growth in East Asia and Pacific. The dramatic diffusion of digital technologies and partial policy reforms in services--from finance, communication, and transport to retail, health, and education--is transforming these economies. The result is higher productivity and changing jobs in the services sector, as well as in the manufacturing sectors that use these services. A region that has thrived through openness to trade and investment in manufacturing still maintains innovation-inhibiting barriers to entry and competition in key services sectors. 'Services Unbound: Digital Technologies and Policy Reform in East Asia and Pacific' makes the case for deeper domestic reforms and greater international cooperation to unleash a virtuous cycle of increased economic opportunity and enhanced human capacity that would power development in the region.