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Confronting CorruptionPast Concerns, Present Challenges, and Future Strategies$
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Fritz Heimann and Mark Pieth

Print publication date: 2018

Print ISBN-13: 9780190458331

Published to Oxford Scholarship Online: December 2017

DOI: 10.1093/oso/9780190458331.001.0001

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PRINTED FROM OXFORD SCHOLARSHIP ONLINE (oxford.universitypressscholarship.com). (c) Copyright Oxford University Press, 2022. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use.date: 05 July 2022

Strengths and Limitations of Criminal Law

Strengths and Limitations of Criminal Law

(p.199) 17 Strengths and Limitations of Criminal Law
Confronting Corruption

Mark Pieth

Oxford University Press

This chapter discusses the strengths and limitations of criminal law in controlling corruption. Some experts claim that criminal law misses the systemic nature of corruption, whereas others prefer prevention to prosecution. Regardless, there can be no question that prosecution of bribery is necessary. Various experiences with self-governing bodies have demonstrated that without the legal risk of prosecution self-regulation rarely works. The chapter asks questions such as: Who is a “foreign public official”? What about the perpetual “facilitation payments”? Are prosecutors and courts out of their depths? The final question is: Do we need a Supranational Criminal Court for large-scale corruption?

Keywords:   criminal law, self-regulation, self-governing, strengths, limitations

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