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date: 16 January 2021

Abstract and Keywords

This chapter deals with prosecution-led investigations and measures of procedural coercion designed to tackle corruption. It first provides an overview of the institutional framework surrounding the international legal instruments against corruption, along with the purpose and principles underlying pretrial proceedings in light of fair trial guarantees, before analyzing prosecution-led special investigative measures against corruption and the challenges in adhering to a fair trial. The freezing of criminal proceeds and its adverse impact on fair trial guarantees are also considered. The article concludes by arguing for an international—or at least an European Union—framework of special procedural rights and principles that will safeguard against the onerous investigative and coercive authority employed during criminal proceedings concerning crimes of corruption, along with other serious offenses.

Keywords: investigation, procedural coercion, corruption, international legal instruments, fair trial, prosecution, fair trial guarantees, criminal proceedings, pretrial proceedings, criminal proceeds

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