Pakistan’s National Accountability Ordinance and the facilitation of corrupt practices

Ali, Zulfıqar

doi:10.1080/09584935.2019.1669140

Cited by 5 publications

(14 citation statements)

References 30 publications

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“…In countries like Pakistan and Nigeria, where criminal cases of financial crime and money laundering involving elite people are neither properly prosecuted nor punished, people always take advantage of legal provisions like PB (Ali, 2020). Interestingly, Pakistan has an additional provision of "voluntary return" of stolen or laundered funds where an accused returns the looted money to the national treasury as determined by the Chairman of the NAB, under section 25 (a) of the NAO shall be discharged from liability in respect of issue in question.…”

Section: Plea Bargain Application Issues In Financial Crimes and Malp...mentioning

confidence: 99%

“…Therefore, there is an agreement among scholarship informing the application of PB within criminal justice systems of jurisdictions like Nigeria and Pakistan that this "rule of law" is planned to ease upper class of societies (Oguche, 2016;Sadiq, 2020;Ali, 2020).…”

Section: Plea Bargain Application Issues In Financial Crimes and Malp...mentioning

confidence: 99%

“…Although, some of the studies are done on the application of PB in economic or corruption crimes (Peter, 2017; Aborisade and Adeleke, 2018; Ali, 2020) and a few studies are available on reforming PB (Kisekka, 2020; Syed, 2020); however, this study is in the backdrop of the issues pertaining to use of PB in the context of financial crime and recovery of stolen money The study debates legal and moral dilemma embedded with PB. This article raises a question whether the approach of “PB” is viable or has aberrations, in the context of financial or economically motivated crimes and to what extent it contributes in asset recovery.…”

Section: Introductionmentioning

confidence: 99%

“…Since the operation of PB has increased in the last three decades, and with it arose issues within the criminal justice system such as disproportionate punishment, lack of evidence, time duration available for PB, whether the concept has constitutional foundations, inadequate counsel available to the accused (Owens, Peter, 2017). The use of PB has also been criticized by some law scholarship (Abdullahi, 2014; Mudasiru, 2015; Aborisade and Adeleke, 2018; Ali, 2020) and argue that the PB process may be regulated or even prohibited (Bibas, 2011; McCannon, 2021), while some others have confirmed and admitted as a positive development (Adewumi, 2017; Syed, 2020; Nelson and Santoso, 2020).…”

Section: Introductionmentioning

confidence: 99%

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Plea bargain dilemma, financial crime and asset recovery

Korejo

Rajamanickam

Said

et al. 2022

JMLC

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Purpose This paper aims to debate moral and legal dilemma embedded with plea bargaining (PB) and raises a question whether the approach of “PB” is a viable tool to tackle financial crimes and to what extent it contributes in recovery of stolen money. This paper critically examines the concept with reference to relevant laws of the USA, the UK, Pakistan and Nigeria. Design/methodology/approach This study used legal scholarship, jurisprudence and other open source data to analyze issues in the application of PB as a viable tool in asset recovery and financial crimes. Findings This paper provides that PB has certain moral and legal dilemma in terms of legality and punishment; the concept offers a sense of escape from criminal punishment by simply return of partial stolen money or “settlement” in exchange of discounted punishment even without imprisonment, thus incentivizing an offender. Further, the concept is unregulated, misapplied especially in developing world like Pakistan and Nigeria, where plea bargain laws are mostly manipulated by white-collar individuals. Therefore, this study recommends the amendment of relevant laws pertaining to PB; construction of “plea bargain handbook” to prevent arbitrariness and misapplication and to ensure transparency in its application; legislations like Speedy Trail Act; creation of “Fast Track-Model Courts” and a balancing system between “settlement” and “deterrence.” Originality/value Perspectives on PB are brought to bear from financial crime and malpractice and recovery of stolen money.

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Section: Plea Bargain Application Issues In Financial Crimes and Malp...mentioning

confidence: 99%

Section: Plea Bargain Application Issues In Financial Crimes and Malp...mentioning

confidence: 99%

Section: Introductionmentioning

confidence: 99%

Section: Introductionmentioning

confidence: 99%

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Plea bargain dilemma, financial crime and asset recovery

Korejo

Rajamanickam

Said

et al. 2022

JMLC

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“…The level of organised crimes has a score of 47.4/100 points, placing the country at 112 rank out of 141 countries. The level of transparency score is 33/100 points, which places the country at 101 position among 141 countriesAli (2020)…”

mentioning

confidence: 99%

Social Implications of Corruption in Developing Countries: Case Study of Pakistan and India

Hassan

2022

Central European Journal of Public Policy

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Background The existence of corruption threatens all aspect of a society, be that social, economic or political. Corruption is more pronounced in developing countries; however, it attracts very little attention from decision-makers. This paper analyses the social implications (health and education) of corruption in India and Pakistan. According to the Corruption Perception Index Report (2019), these countries are perceived to be the most corrupt ones. Objectives Corruption has been researched enormously with respect to its economic and political consequences, but not much attention has been given to its social implications on human rights. Corruption violates human rights directly or indirectly. Therefore, this paper aims to elaborate the links (direct and indirect) between corruption and human rights and focus on the consequences of corruption on health and education; it also aims to present anti-corruption policies to curb corruption in the investigated countries. Methods The research employs a systematic literature review method (PRISMA-P 2015) that identifies currently available research, selects and assesses contribution, analyses and synthesises data, and presents pieces of evidence with a justified conclusion. It also encourages researchers to apply PRISMA protocols in future researches. Results The results show that more than 80% of the reviewed articles argue that corruption is one of the invincible reasons for the people's dire social condition in India and Pakistan; moreover, corruption remains ignored, which shows that there are gaps to understand how corruption can extremely dent the right to education and health.

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Transforming a praetorian polity: the political economy of democratization in Pakistan

Khan

Akhtar

2022

Canadian Journal of Development Studies / Revue canadienne d'ét

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Pakistan’s National Accountability Ordinance and the facilitation of corrupt practices

Cited by 5 publications

References 30 publications

Plea bargain dilemma, financial crime and asset recovery

Plea bargain dilemma, financial crime and asset recovery

Social Implications of Corruption in Developing Countries: Case Study of Pakistan and India

Transforming a praetorian polity: the political economy of democratization in Pakistan

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