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The effectiveness of non-conviction based proceedings in asset recovery

Non-conviction based (NCB) proceedings have grown in importance as a measure to curb corruption in recent years. Based on civil law, NCB proceedings often allow for the confiscation of assets across a shorter interval and in situations where criminal proceedings are obstructed. While further evidence is needed, global and national data suggests that NCB proceedings are an effective way to recover the proceeds of corruption as opposed to using criminal law alone.

21 January 2024
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The effectiveness of non-conviction based proceedings in asset recovery

Main points

  • Non-conviction based (NCB) proceedings are perceived by practitioners as a useful complement to criminal law approaches to corruption, particularly in situations where criminal law cannot adequately respond.
  • NCB proceedings should not be seen as separate to criminal proceedings but as a part of a joined-up approach.
  • Available data further suggests that NCB proceedings tend to recover proportionally more assets than criminal proceedings and lead to a higher proportion of frozen assets being ultimately confiscated.
  • Additional data sources and more granularity in that data would help to gain a deeper understanding of the success levels of NCB proceedings.

Cite this publication

Oldfield, J. (2024) Bergen: U4 Anti-Corruption Resource Centre, Chr. Michelsen Institute (U4 Helpdesk Answer 2024:3)

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Jackson Oldfield


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