Press-release on the issue of strengthening the international legal regime for the return of criminal assets

There is an increase in the international community’s interest in the effectiveness of the current international legal regime for the return of criminal assets.

The return of criminal assets at the international level is governed mainly by framework norms. The United Nations Convention against Transnational Organised Crime (UNTOC) provides the possibility of concluding agreements on the transfer of all or part of the proceeds from crime to the participating states based on the request of another state - party on an ad hoc basis. Although the United Nations Convention against Corruption (UNCAC) although contains clearer prescriptions, does not create a comprehensive international legal system for the return of criminal assets due to its limited scope.

Moreover, the UNCAC provides the requested state with the ability to dispose of property and proceeds from crime, confiscated as a result of international cooperation, in accordance with its domestic legislation, with the exception of income derived from theft or laundering of stolen public funds.

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