Financial and Interests Disclosure and the Punishment of Illicit Enrichment Law
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Judge Rana Akoum
- 3 Lessons
- 13 Students
About This Course
On 22/4/2009, the Republic of Lebanon became a State party to the United Nations Convention against Corruption, which was ratified by the Parliament under Law No. 33/2008, on 16/10/2008.
Under Article 20 of the United Nations Convention against Corruption, the Lebanese State is required to amend its legislation in line with the Convention.
Therefore, the Law on Asset and Interests Disclosure and Punishment of Illicit Enrichment was promulgated on 16 October 2020.
The two main pillars on which the new Law is based are the definition of a public official and the elements of the offence of illicit enrichment.
On the first hand, the Law adopts an expanded concept of persons subject to it, with the term "public official" in it.
On the other hand, every significant increase that takes place in Lebanon and abroad after assuming a public office on the financial position of any public official, whether he is subject to a permit or not, is considered illegal enrichment, whenever this increase is not justified by his legitimate resources. The aforementioned lack of justification is considered an element of the felony. The spouse and minor children, as well as borrowed persons, trustees and/or guardians, in accordance with the laws in force, are considered as one person.
In fact, this provision shifts the burden of proof from the plaintiff to the defendant; Once a substantial increase in the public official's financial liability has been established, it is the latter's responsibility to justify the legality of such an increase, otherwise he is considered guilty of the offence of illicit enrichment
Course Curriculum
3 Lessons
- The historical path of the Laws on Illicit Enrichment and the provisions related to this offense 16 min
- The offense of illicit enrichment 18 min
- Due process of the prosecution and sentencing of the offense of illicit enrichment 10 min