International good practice in anti-corruption legislation
What is international good practice when it comes to the content and scope of a national anti-corruption law? Please answer with reference to specific texts from national anti-corruption laws, with a preference for Asian countries.
The scope and content of legal instruments used to address corruption vary from country to country. They usually contain a definition of the various forms of corruption that are made illegal, provide for sanctions and penalties, outline specific rules of evidence for the investigation and prosecution of corruption charges and specify the powers of the institutions in charge of enforcing anti-corruption regulations. Some anti-corruption laws also provide for the establishment of special anti-corruption agencies.
An Asian Development Bank (ADB) regional overview of legal practices in Asia and the Pacific provides a good overview of regional standards in anti-corruption legislation. In Asia, elements of good practice in anti-corruption law have been developed in Hong Kong, Singapore and, to a certain extent, Malaysia. South Africa provides another example of anti-corruption legislation outside Asia which is often cited as a reference worldwide. It should be noted that these experiences are not necessarily replicable, and that great caution should be exercised when considering which elements of international good practice might be applicable in the particular case of Cambodia.
Chêne, M. International good practice in anti-corruption legislation. U4 Anti-Corruption Resource Centre, CMI, Bergen, Norway (2010) 9 pp. [U4 Expert Answer 233]