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Anti Corruption Instrument
In many forestry crime cases, corruption approach has just been recently
used. Previously, the approach is to look at to what extent this actor does not
comply with sectoral regulations on forestry. Sometimes this approach could trap
law enforcer – under law theory of lex specialis derogat legi generali
[Special Regulation superlative to General Regulation] – only use administrative sanction
for forestry crime [as stated on law No 41/1999 on Forestry]. These
circumstances generate heavy challenge to implement anti-corruption laws in handling forestry crime cases.
Moreover, all policy and regulation related to
on corruption, including law procedure, is presented along with regional and
international rules, binding or non-binding regulation. Inclusion of
and or international regulation is important due to more explicitly forest
crime as cross boundary organized crime.
- UN Resolution 58/4 on United Nations Convention against Corruption
The Convention, adopted by the United Nations General Assembly in October
2003, has been signed by 140 countries and ratified by 38 countries. The
convention is the first legally binding global instrument designed to help
Member States fight corruption in both the public and private sectors. The
Convention is also a manifestation of international consensus on what the
states should do to prevent and criminalize corruption, and to improve
international cooperation in combating corruption and recovering assets...
- Legislative guide for the implementation of the United Nations
Convention against Corruption
The legislative guide was developed by UNODC in 2006 to assist countries
implementing the United Nations Convention Against Corruption by identifying
legislative requirements, issues arising from those requirements and various
options available to States as they develop and draft the necessary
emphasis on international cooperation and restoration of stolen assets. The
guide was drafted mainly for policy maker and legislators, however, it also
aims at providing a helpful basis for bilateral technical
Law Enforcement Actors: