Corruption in the Private Sector: Evolution and Challenges of Criminalization
By Sebastián Sal

Introduction

One of the most important aspects of private corruption is globalization. Everyday we assist to the creation of new ways of crimes more complicated and sophisticated. Besides it is common to find that these crimes have consequences in many countries, which mean different jurisdictions.

Different jurisdictions make more difficult to prosecute crimes. Criminals are aware of it, and take advantage of the situation. To prosecute crimes in different countries always be linked with formal requests and bureaucratic procedures.

It is a common international understanding the necessity to fight corruption on a global scale. On one hand, we observe an enormous extent of international initiatives to combat corruption, but on the other hand, the reduction of trade barriers as well as increasing opportunities for a free flow of goods, information and money appear to ease the occurrence of worldwide corrupt practices.

Many Multinational Companies have been increasingly accused of participating in large scale bribe activities thereby damaging the economies of nations to a meaningful extent.

It is easy to use or think in Public Officers as scapegoats, but Public Corruption exists because of the private one. Every time that someone collects a bribe there is someone who is paying for it. One is inseparable from the other.

The preamble of the UN Convention Against Corruption stated the situation very clearly: “Convinced that corruption is no longer a local matter but a transnational phenomenon that affects all societies and economies, making international cooperation to prevent and control it essential … that a comprehensive and multidisciplinary approach is required to prevent and combat corruption effectively… that the availability of technical assistance can play an important role in enhancing the ability of States, including by strengthening capacity and by institution-building, to prevent and combat corruption effectively”.

That leaves us with a problem to solve and a question to answer: What could Public and Private Institutions do to stop and criminalize private corruption?

In this article I will try to explain certain measures that could be taken in order to do it.

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