الآليلت القانونية لاسترداد العائدات المحثلة من جرائم الفساد

Abstract

Corruption public resources and obstructing development—especially when they result in the generation of illicit financial gains that are laundered or transferred abroad. Hence, the importance of legal mechanisms that enable states to recover the proceeds of corruption crimes, as an integral part of anti-corruption efforts and the promotion of good governance. This research examines the legal and regulatory framework governing the process of recovering stolen assets, both at the national level—through legislative provisions and judicial procedures (such as confiscation, asset freezing, and financial investigations)—and at the international level—through the United Nations Convention against Corruption (UNCAC), as well as mechanisms for judicial cooperation and mutual legal assistance. The study also addresses key practical challenges to this process, including bank secrecy, weak political will, complex legal procedures, and inconsistencies between legal systems. It proposes several recommendations to overcome these obstacles, such as strengthening international cooperation, updating domestic legislation, and training specialized personnel in tracking criminal proceeds. The study concludes that asset recovery is not merely a legal process, but a powerful tool for reinforcing financial and political justice, restoring citizens' trust in public institutions, and demonstrating a state's commitment to transparency and accountability.