طرق استرداد الاموال المهربة المتأتية من جرائم الفساد و موقف التشريع العراقي منها

الملخص EN

The international community attaches great importance to the system for the recovery of contraband funds obtained from corruption crimes, as a manifestation of international cooperation in combating organized crime in general and corruption crimes, smuggling of funds in particular and limiting their spread, especially at present, And the smuggling of criminal proceeds from one country to another in the shortest time and least effort, thanks to the technological development in transport and communications and the banking sector, in particular the development of methods of payment and the transfer of funds across borders.

The international community has had to make strenuous efforts to narrow the gap between smugglers and moneylenders across national borders.

It has been the result of the efforts of the international community to make several agreements against organized crime under the umbrella of the United Nations.

But the most prominent of the United Nations Convention against Corruption, which considered the first legal instrument to combat corruption crimes to be more effective.

Among the provisions of this Convention was the issue of the recovery of contraband funds derived from corruption crimes, and invited States parties to take legislative measures to facilitate international cooperation in that.

The main problem is that there is a lack of legislation in Iraqi law regulating the procedures for the recovery of funds.

In light of this legislative shortcoming, what are the laws that contribute to recovery? In this study, we concluded that the United Nations Convention against Corruption (UNCAC) has organized three ways to recover money.

The first is the criminal route, which is considered a mechanism for refunds.

Or supplement, contribute to the recovery of funds, which can be resorted to in the event of a possible criminal route or failure of the procedures followed.

They then explained the mechanisms for the return of funds by the requested State provided for in the United Nations Convention against Corruption, after being confiscated at the request of the requesting State