Being rich is not a crime, if you can prove it: illicit enrichment as a criminal offence

This article discusses the crime of illicit enrichment, i.e. a significant increase in wealth that cannot be rationally explained, the establishment of which is recommended by the United Nations Convention Against Corruption. It is proposed to structure it in full compliance with fundamental rights (a compliance-based approach) or as a legitimate exception to the right to silence, not to incriminate oneself and to the presumption of innocence (an exception-based approach). In this context, the EU proposal for a minimum definition of ‘enrichment from corruption offences’ is presented, which aims to reconcile respect for fundamental rights with reducing evidentiary difficulties.