Illicit enrichment of public officials as a criminal offence?
Illicit enrichment of public officials as a criminal offence?

Summary/Abstract: The paper discusses whether the introduction of the new criminal offence of illicit enrichment, whereby offenders would be public officials who, while discharging their public office, acquire assets which they cannot prove have been acquired legally, is justified. Given that the UN Convention against Corruption provides for elements of this criminal offence (Article 20) and recommends that the State Parties consider the possibility of its introduction, various arguments for and against the introduction of this criminal offence have been considered. Despite international recognition of the criminalization of illicit enrichment, it has not been universally accepted as an anti-corruption measure. Instead, such criminalization continues to generate extensive debate and controversy. Taking a standpoint concerning this issue calls not only for consideration of certain legal issues but also for criminal and political assessment of the usefulness of this criminalization in fighting corruption. This paper presents the main reasons against criminalizing illicit enrichment, as well as the problems that the legislator would face when deciding to take this step.

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