BUSINESS AND HUMAN RIGHTS / Šturma, Mozetic (eds)

words, corruption is a true multifaceted and tentacular phenomenon, expanded to several scenarios – public and private – involving different protagonists, which demands for their coping with varied strategies and actions. 21 It is no coincidence that since 1997, important initiatives have been taken to tackle corruption, improving the European Union – judicial cooperation in criminal matters between the European Union and the European Union (not to mention that the phenomenon of corruption occurs only in underdeveloped countries). Member States. 22 It is obvious that corruption – even if it is a multifaceted phenomenon – can not be reduced to receiving bribes in order to obtain illicit benefits, since we have shown on another occasion that it is much broader and more comprehensive than this (reaching civilian dimensions, moral, ethical and administrative aspects of both public and private initiative) 23 but also the criminal aspects of corruption can not be reduced to the traditional types of most traditional Criminal Codes of the twentieth century, dealing with passive and active corruption, among others, and – as has been the case – new types of crime in the Society of Risks (trafficking in narcotics, arms, people, human organs, cyber-crimes, money laundering, etc.). 24 Of course, there are also situations where corruption occurs without apparent victims immediately to the public – and even to the control bodies. The hallmarks of corruption are, on the one hand, stealth and obfuscation between parties who cooperate ostensibly for corruptive acts; on the other hand, the criminal prosecution of cases that may be hindered by the involvement of the corrupt who have a good formal and apparent reputation, as well as important positions of power and social. These elements can have disastrous consequences not only in present but future investigations, since, often, corruption at certain advanced levels is fed back into Some of the worst corruption has taken place under highly undemocratic governments including the Communist Governments of the Soviet Union and the People’s Republic of China and the authoritarian governments of regimes such as those in Zaire and Nigeria . See the excellent text of NICHOLS, P. M.: The neo-mercantilist fallacy and the contextual reality of the foreign corrupt practices act. In Harvard Journal on Legislation , V. 53. Boston: Harvard Law University, 2014. 21 We disagree, therefore, with those analyzes that focus too much on a concept of corruption involving exclusively public servants (as sometimes wants agencies like Transparency International, and authors like LAPALOMBARA, J.: Structural and Institutional Aspects of Corruptio. In Social Research Review , 61 (2), pp. 325-351, 1994. 22 See in particular the Council Act No 97 / C 195/01, 1997 OJ 195, 2-11, http://eur-lex.europa.eu/ legal-content/, accessed 27/02/2017. It should be noted that in the 1999 Criminal Law Convention on Corruption , the EU convened Member States to implement common criminal policies for the protection of the Society against corruption; but already in 1998 the Council of the EU created the Group of States against Corruption – GRECO, which has also carried out important activities in this area. 23 As reminds us ABBINK, Klaus: Staff Rotation as an Anticorruption Policy: An Experimental Study. European Journal of Political Economy 20 (40), 2004, p. 892: Indeed, the definitions of corruption often combine notions of ethical conduct and fair governance with crimes like bribery, extortion and influence- peddling. See also our text LEAL, R. G.: Corruptive Pathologies in the relations between State, Public Administration and Society. Op. cit. 24 As says ALLUM, F.; SEIBERT, R.: Organized crime: a threat to democracy . In ALLUM, F. and SIEBERT, R. (eds.): Organized crime and the challenge to democracy . London: Routledge, 2003, p. 87: There is no question that bribery is the quintessential form of public corruption, but the issue is how far the criminal law can be extended to other instances of misuse of official authority for personal gain.

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