Unlawful gains: Debate rekindled | L’Economiste
The PJD parliamentary group is putting the fight against unlawful gains back on the table. A bill to this effect has been tabled in Parliament. It has been submitted to the Justice Committee of the House of Representatives.
Even if this initiative has virtually no chance of success, as the PJD has a small grouping in the opposition, it at least has the merit of reigniting the debate on strengthening the system for tracking down unlawful gains racked up by elected representatives, public officials, etc. The rekindling of this debate comes particularly in a context marked by the increasing number of arrests of members of parliament and local elected representatives in connection with cases of corruption or misuse of public assets.
In detail, the text drawn up by the PJD parliamentary group recalls the efforts made in the fight against unlawful gains, in particular via the mechanism for declaring one’s assets, except that practice has shown the limits of this mechanism in limiting the scale of this phenomenon, according to the text’s presentation note. The drafters pointed out that a reform of the Penal Code, including provisions on the fight against unlawful gains, had been drawn up but not yet adopted. In 2022, the debates surrounding this reform of the Penal Code were so politicized, accentuating divisions between parliamentary groups, that the withdrawal of the draft legislation was the solution proposed to break the deadlock. One of the main points of contention at the time was which authority would be empowered to launch investigations into cases of suspected unlawful gains. The parliamentary groups could not agree on which party would be responsible for investigating cases of unjustified gains (the Public Prosecutor’s Office, the Court of Auditors, the Integrity, Prevention and Anti-Corruption Commission, and other bodies).
In the bill submitted to Parliament, the PJD parliamentary grouping proposes to give this responsibility to the Integrity, Prevention and Anti-Corruption Commission (INPPLC). According to article 8 of this text, this body will be responsible for carrying out investigations and inquiries to ascertain cases of illicit enrichment. If suspicions are verified, the Authority will be empowered to transfer the case to the courts. It is the Public Prosecutor’s Office that will be responsible for initiating proceedings, notably following referral to the Probity Authority. The text also provides for mechanisms to protect whistle-blowers.
MAM
