استرداد الأموال المنهوبة بين الرؤيـة التشريعية الوطنية والآليات القضائية الدوليـة

Abstract

The issue of recovering stolen assets represents the greatest challenge in combating corruption in various countries around the world. This requires a set of judicial and non-judicial measures، as well as following the legal pathway outlined by the United Nations Convention against Corruption in this context. Therefore، the study addresses the most important legal mechanisms for the recovery process، the key obstacles and challenges in this field، and highlights the shortcomings of Libyan legislation on this matter and its success in overcoming these challenges. Furthermore، the study clarifies the steps that the Libyan legislator should take to make the recovery process more effective. The study concludes with several findings and recommendations، the most important of which is that relying solely on national legislation and the United Nations Convention will not have a significant impact on the recovery process. Instead، other mechanisms must be adopted، including examining each case individually and subjecting it to a different legal framework. Additionally، there is a need to develop substantive rulings and policies related to criminalization and punishment to be more effective in addressing this phenomenon، along with establishing a clear strategy to activate procedures for recovering stolen assets.