Proceeding Against Corruption
In recent years, matters of corruption have generated considerable attention the legal and political environment. With mounting issues such as fiscal imbalances and low economic growth, leaders, institutions and citizens alike can no longer turn a blind eye to corrupt dealings. Concerns about corruption have begun to translate into legislative actions as seen with a various pieces of legislation that seek to address corruption concerns. These are evidenced by the integrity in pubic life bill, the public finance and management act and the recent proceeds and instrumentalities of crime bill. Although corrupt acts come at a high risk it can produce high rewards. This is legislation like the proceeds and instrumentalities of the crime bill are necessary as it permits the courts to go after the rewards of corruption.
Under the proceeds and instrumentalities of the crime bill where a person(s) benefits from unlawful conduct including corruption, these benefits are considered tainted and therefore can be recovered in a court of law if the beneficiary has been convicted of the crime. Under the bill, benefits include gifts, cash, property, financial assets among others. In the pursuit of proceeds from crime, to its credit, the bill also captures many possible scenarios. In instances where the ownership of tainted property has been transferred such as inherence; tainted property that resides outside of Barbados; tainted property that acquires additional wealth such as interest; tainted property that is mixed with untainted property, can all be legally recovered. Additionally, the bill also allows law enforcement to make temporary seizers such as cash where there are reasonable grounds to suspect it was attained through criminal proceedings.
Combined, these provisions assist in creating a more comprehensive anti-corruption regime. Monetary fines and potential jailtime can be insufficient as they may be a small price to pay compared with the financial benefits of corruption. However, the likelihood that these benefits can be legally recovered arguably adds to the layer of corruption deterrence.
Despite these benefits there are some concerns to be considered. Since this legislation is dependent upon legal whether legal proceedings are brought, the general legislative regime becomes important. Therefore, we ought to ensure that the adequate legislative and administrative frameworks exist that deal with matters of detection and investigation. This is matters such as whistleblowing and asset declaration provisions are necessary as they greatly assist in the detection of corruption activities. Furthermore, ensuring that legal, financial and expert capabilities are also provided that can ensure robust investigations into corruption can be made.
A reoccurring concern of the anti-corruption legislative regime is the absence of retroactive provisions.