UN Guide for Anti-Corruption Policies - United Nations Office on ...

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VI Value: Principle: judicial office. Competence and Diligence COMPETENCE AND DILIGENCE Competence and diligence are prerequisites to the due per<strong>for</strong>mance of Code: 6.1 The judicial duties of a judge take precedence over all other activities (57). 6.2 A judge shall devote his or her professional activity to judicial duties. Such duties are broadly defined and include not only the per<strong>for</strong>mance of judicial duties in court and the making of decisions but other tasks relevant to the court's operations or to the judicial office (58). 6.3 A judge shall take reasonable steps to maintain and enhance the judge's knowledge, skills and personal qualities necessary <strong>for</strong> the proper per<strong>for</strong>mance of judicial duties (59). 6.4 A judge shall keep himself or herself in<strong>for</strong>med about relevant developments of international law, including international conventions and other instruments establishing human rights norms and, within any applicable limits of constitutional or other law, shall con<strong>for</strong>m to such norms as far as is feasible (60). 6.5 A judge shall per<strong>for</strong>m all judicial duties, including the delivery of reserved decisions, efficiently, fairly and with reasonable promptness (61). 6.6 A judge shall maintain order and decorum in all proceedings in which the judge is involved. He or she shall be patient, dignified and courteous in relation to litigants, jurors, witnesses, lawyers and others with whom the judge deals in an official capacity. The judge shall require similar conduct of legal representatives, court staff and others subject to the judge's influence, direction or control (62). 6.7 A judge shall not engage in conduct incompatible with the diligent discharge of judicial duties (63). VII Value: Implementation and Accountability IMPLEMENTATION AND ACCO<strong>UN</strong>TABILITY Principle: Implementing these principles and ensuring the compliance of judges with them are essential to the effective achievement of the objectives of this Code. Code: 7.1 Institutions and procedures <strong>for</strong> the implementation of this Code shall provide a publicly credible means of considering and determining complaints against judges without eroding the essential principle of judicial independence. 7.2 By the nature of the judicial office judges are not, except in accordance with law, accountable to any organ or entity of the state <strong>for</strong> their judicial decisions but they are accountable <strong>for</strong> their conduct to institutions that are established to implement this Code. 7.3 The institutions and procedures established to implement this Code shall be transparent so as to strengthen public confidence in the judiciary and thereby to rein<strong>for</strong>ce judicial independence. 144
7.4 Ordinarily, except in serious cases that may warrant removal of the judge from office, proceedings established to implement this Code shall be conducted in confidence. 7.5 The implementation of this Code shall take into account the legitimate needs of a judge, by reason of the nature of the judicial office, to be af<strong>for</strong>ded protection from vexatious or unsubstantiated accusations and due process of law in the resolution of complaints against the judge. 7.6 The judiciary and any institution established to implement this Code shall promote awareness of these principles and of the provisions of the Code. 145
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Disclaimer The views expressed here
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FOREWORD United <s
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UNITED NATIONS CON
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Chapter IV International cooperatio
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TABLE OF CONTENTS FOREWORD ACKNOWLE
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VIII. DEALING WITH THE ILLICIT TRAN
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I INTRODUCTION A. Background The <s
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of the Commission for</stro
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major policy agendas of the countri
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Where the primary focus of the <str
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Definitions also vary depending on
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In both cases, corruption may exist
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Commercial dealings are no longer c
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Corruption is both
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Once bribery has occurred, it can l
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Employees or officials with access
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9. Improper political contributions
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• The rule of law. As many of the
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combat corruption will lack credibi
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which has resulted in excellent nat
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offset real or perceived advantages
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Evidence that corruption is being r
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also the development of an independ
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as statutes creating anti-corruptio
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elements will involve the selection
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The major disadvantages 37 include
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These may include: • Constitution
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V. PREVENTION A. Introduction The p
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The lack of adequate financial and
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4. Employee culture and motivation,
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are common to most if not all burea
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Proactive measures against conflict
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10. Disclosure of Assets Requiring
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VI. AWARENESS RAISING AND PUBLIC PA
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formats, and the a
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2. The messages to be delivered Dep
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a. Political and legislative measur
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• The general identification, edu
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VII. DOMESTIC LEGAL ELEMENTS: THE U
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B. Criminal Law 1. Criminal offence
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offences must be created and define
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and whether the conclusion which is
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elatively minor infractions to the
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3. Confiscation of the proceeds of
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4. Money laundering laws Money laun
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eview information
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Page 102: of Transparency International, are
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Page 111 and 112: involvement of society at large. Wo
Page 113 and 114: Corruption. 21. Pa
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Page 119 and 120: liberty that can lead to extraditio
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Page 135 and 136: Article 19 Reaction to improper off
Page 137 and 138: Article 28 Observance of this Code
Page 139 and 140: Code of Judicial Conduct I. Proprie
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Page 143: 4.9 Disqualification of a judge is
Page 147: Langseth, P. 2000. Prevention: An E
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