A/CONF. 187/9 examples such as the Independent Commission fact that corruption cases are often only discovered by against Corruption in Hong Kong SAR, the Corrupt relying on those information channels Experience has Practices Investigation Bureau in Singapore and the proved that a specialized jurisdiction with secret New South Wales Independent Commission against witnesses and hidden evidence is not an adequate Corruption in Australia. Although the creation of measure for combating corruption. This is mainly independent commissions is regarded as largely because the public is likely to perceive it as faceless successful, some question whether such organizations justice and, because of the latters lack of transparency, should have exclusive jurisdiction over the they may lose confidence in the judicial system problem. 26 43. Strengthening the criminal law is one of the most 38. The encouraging progress in combating crime by important legal tools against corruption. This includes installing control mechanisms can also be seen in norms for the punishment of bribery and corruption on Poland and Uganda. 2Another effective instrument to the supply and the demand side within the public and sharpen public pressure against corrupt institutions is private sector. Continuing along this line, since the scorecard method, whereby users rate local business- and high-level corruption are often service-providing agencies. This measure was installed committed by legal persons, normative solutions must in Bangalore, India, Samual Paul, helping to reduce be developed concerning their criminal responsibility bribery and resulting in the firing of corrupt officials. 44. However, criminal law as a repressive measure must 39. In addition, those economic policy reforms which be supplemented by preventive, non-criminal tools would minimize opportunities for corruption should be achieve a new ethical, corruption-free culture. As an considered. As stated previously, corruption is often example, reforming commercial law is one of the used to circumvent tariffs, taxes and barriers. optional measures. Binding rules of conduct, auditing Therefore, minimizing such openings for illicit and control are needed to establish transparency within behaviour will help to reduce corruption and also open the business world and public administration up new resources within the administration to control Furthermore, corruption within the private sector and enforce the remai should be sanctioned, especially by rules of private environmental and security standards law, to ensure that corrupt behaviour becomes unattractive. The example of the Republic of Korea 2. At the legal level shows that such rules could be effectively applied by 40. National measures within the legal system refe finding companies negligent for breaching standards of mainly to the development and application of various supervision gal tools, such as criminal sanctions and-something that has mostly gone unnoticed so far-the use of non-criminal measures such as liability, negligence or B. Prevention the confiscation of illicit assets 41. It should be noted at the outset that all administrative 45. Four components appear to be crucial for effective reforms also have to be implemented within the judicial system and the preferred administration. This prevention of corruption: (a)economic development may include restructuring the courts. A single-judge access to information and a mandate to oversee the system is more vulnerable to corruption than a State; and(d) the presence of the rule of law. It should chamber or a jury system - To guarantee a controlling system against corrupt judgements at least some form be noted, however, that there is no single model or of appeal should be available. An efficient practice that suits all countries and each jurisdiction needs to explore practices drawn from a variety corruption-free court system needs proper case management to ensure equal and fast access to justice. options: Measures to prevent corruption, in the form of codes of conduct and training in eth ics. must focus on 22. Furthermore, successful prosecution depends on various sectors and all levels within society to include adequate procedural rules. In that context, rules, laws local institutions in the public and private sectors and legal measures protecting witnesses and whistle- including public administration, political office and blowers should be available. This is motivated by theA/CONF.187/9 9 examples such as the Independent Commission against Corruption in Hong Kong SAR, the Corrupt Practices Investigation Bureau in Singapore and the New South Wales Independent Commission against Corruption in Australia.25 Although the creation of independent commissions is regarded as largely successful, some question whether such organizations should have exclusive jurisdiction over the problem.26 38. The encouraging progress in combating crime by installing control mechanisms can also be seen in Poland and Uganda.27 Another effective instrument to sharpen public pressure against corrupt institutions is the scorecard method, whereby users rate local service-providing agencies. This measure was installed in Bangalore, India, Samual Paul, helping to reduce bribery and resulting in the firing of corrupt officials.28 39. In addition, those economic policy reforms which would minimize opportunities for corruption should be considered. As stated previously, corruption is often used to circumvent tariffs, taxes and barriers. Therefore, minimizing such openings for illicit behaviour will help to reduce corruption and also open up new resources within the administration to control and enforce the remaining barriers such as environmental and security standards. 2. At the legal level 40. National measures within the legal system refer mainly to the development and application of various legal tools, such as criminal sanctions and—something that has mostly gone unnoticed so far—the use of non-criminal measures such as liability, negligence or the confiscation of illicit assets. 41. It should be noted at the outset that all administrative reforms also have to be implemented within the judicial system and the preferred administration. This may include restructuring the courts. A single-judge system is more vulnerable to corruption than a chamber or a jury system.29 To guarantee a controlling system against corrupt judgements at least some form of appeal should be available. An efficient corruption-free court system needs proper case management to ensure equal and fast access to justice. 42. Furthermore, successful prosecution depends on adequate procedural rules. In that context, rules, laws and legal measures protecting witnesses and whistle￾blowers should be available. This is motivated by the fact that corruption cases are often only discovered by relying on those information channels. Experience has proved that a specialized jurisdiction with secret witnesses and hidden evidence is not an adequate measure for combating corruption. This is mainly because the public is likely to perceive it as faceless justice and, because of the latter’s lack of transparency, they may lose confidence in the judicial system.30 43. Strengthening the criminal law is one of the most important legal tools against corruption. This includes norms for the punishment of bribery and corruption on the supply and the demand side within the public and private sector. Continuing along this line, since business- and high-level corruption are often committed by legal persons, normative solutions must be developed concerning their criminal responsibility. 44. However, criminal law as a repressive measure must be supplemented by preventive, non-criminal tools to achieve a new ethical, corruption-free culture. As an example, reforming commercial law is one of the optional measures. Binding rules of conduct, auditing and control are needed to establish transparency within the business world and public administration. Furthermore, corruption within the private sector should be sanctioned, especially by rules of private law, to ensure that corrupt behaviour becomes unattractive. The example of the Republic of Korea shows that such rules could be effectively applied by finding companies negligent for breaching standards of supervision.31 B. Prevention 45. Four components appear to be crucial for effective prevention of corruption: (a) economic development; (b) democratic reform; (c) a strong civil society with access to information and a mandate to oversee the State; and (d) the presence of the rule of law.2 It should be noted, however, that there is no single model or practice that suits all countries and each jurisdiction needs to explore practices drawn from a variety of options.4 Measures to prevent corruption, in the form of codes of conduct and training in ethics, must focus on various sectors and all levels within society to include local institutions in the public and private sectors, including public administration, political office and