Article 41: Criminal Record
Asset Recovery, Bribery, Corruption, Money Laundering
Article 41 comes at the tail end of chapter III of UNCAC, as something of a stand-alone item that is included as one of 'a series of procedural measures that support criminalization'. It is a non-mandatory provision that suggests (but does not require) that states parties put in place legal machinery that would make an alleged offender's foreign convictions cognisable, in some way, for use in the prosecution of offences under the Convention. The provision aspires to address one of the tools in the toolbox of the perpetrators of transnational crimes generally, which is their mobility.
Robert J Currie, "Article 41: Criminal Record" in Cecily Rose, Michael Kubiciel & Oliver Landwehr, eds, The United Nations Convention Against Corruption: A Commentary (Oxford: Oxford University Press, 2019) 401.