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Grand Corruption: A Legal Framework

Grand corruption occurs when a public official deprives a social group of fundamental rights or causes a state or its people a loss over 100 times the annual minimum income through bribery, embezzlement, or other corruption. Transparency International created this legal definition of grand corruption to encourage accountability for high-level officials whose corruption harms citizens and often goes unpunished. The definition aims to give legal standing to the harms of grand corruption and give a voice to its victims.

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90 views1 page

Grand Corruption: A Legal Framework

Grand corruption occurs when a public official deprives a social group of fundamental rights or causes a state or its people a loss over 100 times the annual minimum income through bribery, embezzlement, or other corruption. Transparency International created this legal definition of grand corruption to encourage accountability for high-level officials whose corruption harms citizens and often goes unpunished. The definition aims to give legal standing to the harms of grand corruption and give a voice to its victims.

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manh
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Grand Corruption occurs when:

A public official or other person

deprives a particular social group or substantial part of the population of a State of a


fundamental right; or

causes the State or any of its people a loss greater than 100 times the annual minimum
subsistence income of its people;

as a result of

bribery, embezzlement or other corruption offence.

Explanatory Notes:

Transparency International has developed this legal definition of grand corruption to encourage
advocates, scholars, lawmakers, and others to seek ways to enhance accountability of high-level public
officials and others whose corruption harms their citizens egregiously and too often with impunity. The
definition gives legal relevance to the harms and voice to the victims. Grand corruption is a human rights
crime and deserves adjudication and punishment accordingly.

The terms defined below may have existing definitions in legislation or elsewhere. The definitions here
are only illustrative.

"Annual minimum subsistence income" shall be defined as 60% of the most recently officially- published
median household income or an equivalent measure of a State's official designation of the income level
entitling the receipt of social benefits based on economic need.

"Bribery" shall be interpreted to involve influencing the performance or non-performance of any act
entrusted to a public official by virtue of his or her official position and "embezzlement" shall be interpreted
to involve the abuse of such official position of a public official.

"Fundamental right" shall include, but not be limited to, those rights set forth in the Universal Declaration
of Human Rights; the International Covenant on Civil and Political Rights; the International Covenant on
Economic, Social, and Cultural Rights; or other international and regional human rights conventions
applicable under the domestic laws of the relevant State and "depriving" shall be defined as consistent
with such conventions and their official interpretations.

"Loss" shall be interpreted to encompass anything of value and include, but not be limited to: money;
securities; property, including real property, both tangible and intangible, and private and state owned,
and interests in the same; contractual rights or any interest in future contractual rights; benefits with a
calculable economic value; or a promise to perform services, specified or unspecified, in the future on
behalf of the original instigator of the act or another party.

"Person" shall include natural or legal persons.

"Particular social group" shall be interpreted in accordance with the interpretation of this term in Article
1(A)(2) of the United Nations Convention related to the Status of Refugees.

“Public official” shall be understood as defined by Article 2 a) of the United Nations Convention against
Corruption.

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