Proving corruption and defending the corrupt : constitutional and evidential challenges in Africa / John Hatchard (Emeritus Professor of Law, University of Buckingham UK, Visiting Professor, UN International Anti-Corruption Academy, Vienna, Austria, Visiting Professor, University of Detroit-Mercy, USA, Fellow, Center for Constitutional Design, Arizona State University, USA and Vice-President, Commonwealth Legal Education Association).

Format:

Book

Author/Creator:

Hatchard, John, author.

Contributor:

Edward Elgar Publishing, publisher.

Language:

English

Subjects (All):

Political corruption--Law and legislation--Africa.

Political corruption.

Africa.

United Nations Convention against Corruption (2003 October 31).

United Nations Convention against Corruption.

Physical Description:

1 online resource (358 pages)

Edition:

First edition.

Place of Publication:

Northampton : Edward Elgar Publishing, 2025.

Summary:

"This insightful book explores the question of why there are so few successful corruption-related prosecutions in Anglophone African countries and considers how this situation can be addressed. John Hatchard analyses the unique challenges faced by anti-corruption investigators and prosecutors in effectively implementing the requirements of the criminalisation pillar contained in the United Nations Convention Against Corruption. Hatchard discusses the tension between proving corruption - that is, providing for effective investigations and evidence gathering, and utilising this to facilitate prosecutions - versus defending the corrupt - protecting the constitutional rights of those facing prosecution and challenging the admissibility of key prosecution evidence. He advocates for the adoption of the 'Golden Triangle' and a fairness approach. This requires balancing a triangulation of interests: protecting the constitutional rights of the accused, considering the interests of victims of corruption and maintaining the public interest in combating corruption effectively. Through analysis of anti-corruption legislation and judicial pronouncements, Hatchard demonstrates how to make the fairness approach effective with a view to strengthening the criminalisation pillar. This unique and influential book is of worldwide interest for students and academics studying law, politics and business. Its practical insights will also greatly benefit anti-corruption agencies, legal practitioners, policymakers, law reformers, civil society organisations and the corporate sector"-- Provided by publisher.

Contents:

Contents: Preface

1. Proving corruption and defending the 'corrupt': Setting the scene

2. Proof, truth and the golden triangle

3. The international and Africa-related anti-corruption conventions and initiatives

4. Evidence gathering by domestic anti-corruption agencies and related bodies

5. The admissibility of evidence derived from special investigative techniques

6. International cooperation and the admissibility of evidence obtained from abroad

7. Defending the 'corrupt', the rules of evidence and protecting constitutional rights

8. The burden and standard of proof in corruption-related cases

9. Obtaining confessions

10. Addressing the wall of silence

11. The hearsay rule and the constitutional right to confrontation

12. Witness-related issues.

Notes:

Description based on print record.

Description based on publisher supplied metadata and other sources.

ISBN:

1-03-536984-2

1-03-530747-2

OCLC:

1534705599