التعاون الدولي لاسترداد العائدات المتحصلة من جرائم الفساد

الملخص EN

The corrupt official often takes advantage of his function to conceal his offense by transferring the proceeds of his criminal activity abroad, which constitutes a real danger for the national economy because the state loses revenues and this hampers its development.

As a result, international conventions are unanimous on the need to help the State whose funds have been diverted to recover them.

The provisions of the 2003 United Nations Convention against Corruption established mechanisms and means for recovering these revenues.

The criminalization of the various forms of corruption and the procedures imposed on the banks concerning the denunciation of the offenses are insufficient to eradicate this crime.

That is why cooperation between States, in the form of mutual legal assistance, through, inter alia, confiscation, seizure or freezing of the proceeds of crime is paramount.

Unfortunately, the recovery of capital is often difficult because the procedures are long and complicated.

In addition, the dissimilarity of laws between states is an additional obstacle which often prevents the recovery of looted property.

Algeria, considered as a state where this form of diversion has been established, must draw on the experiences of other states in the implementation of international and procedural cooperation to recover this misappropriated capital.