This e-book from the Basel Institute on Governance is made up of 5 parts –
- Part 1 draws from international treaties and legislation from around the world to provide a basic definition of the core concept of illicit enrichment, as well as an overview of what constitutes an ‘illicit enrichment law’;
- Part 2 provides an in-depth overview of the various approaches taken by legislative bodies in different jurisdictions to address illicit enrichment. It covers the key similarities and differences between illicit enrichment laws from different jurisdictions, outlining how legislators from different countries have drafted their laws to target different categories of wealth and people;
- Part 3 provides guidance to investigators and prosecutors on how illicit enrichment can be, and has been, proven or disproven. It includes a summary of the fundamental facts of illicit enrichment that need to be established by the concerned parties in either criminal or civil courts;
- Part 4 provides guidance to legal practitioners on the common legal challenges that arise regarding the adoption and use of illicit enrichment legislation; and
- Part 5 consists of external contributions. 3 of these overviews provide practitioner insights into the illicit enrichment mechanisms in Mauritius, Kenya and Peru. Another contribution provides a brief overview of the unique proceeds of crime-focused mechanism currently operating in Ireland. The final contribution analyses the challenges that may arise during the investigation and prosecution of illicit enrichment cases with an international element, and specifically the problems practitioners may need to anticipate when seeking mutual legal assistance in this context.
2 Annexes involve a compilation of illicit enrichment legislation and other relevant legislation’; and a technical guide for practitioners.
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