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From Baksheesh to BriberyUnderstanding the Global Fight Against Corruption and Graft$
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T. Markus Funk and Andrew S. Boutros

Print publication date: 2019

Print ISBN-13: 9780190232399

Published to Oxford Scholarship Online: May 2019

DOI: 10.1093/oso/9780190232399.001.0001

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9 Guatemala
From Baksheesh to Bribery

Andrew Boutros

Oxford University Press

This chapter provides an overview of Guatemala’s expanding anti-corruption legislation, which criminalizes certain types of corruption involving both domestic and foreign public officials. The chapter focuses, in part, on the country’s Decree 31-2012, which introduced new criminal offenses related to the bribery of foreign officials, expanded the concept of criminal liability for corporate offenses, and increased penalties for certain acts of bribery. The chapter describes Guatemalan government agencies involved in the investigation and enforcement of corruption-related crimes, as well as their cooperation with international bodies. Most notable among the latter is the International Commission Against Impunity in Guatemala (“Comisión Internacional contra la Impunidad en Guatemala” or CICIG), a UN-sponsored independent organization charged with investigating and prosecuting certain serious crimes in Guatemala, such as those involving public officials. Recent developments covered include increased investigation and prosecution of public corruption at its highest levels, although the chapter notes some skepticism regarding the continued effectiveness of the country’s anti-corruption drive.

Keywords:   Guatemala, CICIG, La Linea, OECD, MESICIC, seizure of assets, disgorgement

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