EFFECTIVE MEANS OF INVESTIGATION AND PROSECUTION OF …

ACN

Anti-Corruption Network for

Eastern Europe and Central National Anticorruption Directorate,

Asia

Romania

OECD Anti-Corruption Network for Eastern Europe and Central Asia

EXPERT SEMINAR

"EFFECTIVE MEANS OF INVESTIGATION AND PROSECUTION OF CORRUPTION"

Held in Bucharest, Romania on 20 ? 22 October 2010 Hosted by the National Anti-Corruption Directorate of Romania

PROCEEDINGS OF THE SEMINAR

These proceedings were prepared by the Secretariat of the Anti-Corruption Network for Eastern Europe and Central Asia (ACN) at the Organisation for Economic Co-operation and Development (OECD). The OECD does not guarantee the accuracy of data included in the presentations and accept no responsibility for any consequences of their use. This document is available for download from the ACN Web site at corruption/acn

Participants in the expert seminar "Effective Means of Investigation and Prosecution of Corruption", 20 ? 22 October 2010, Bucharest, Romania

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Table of Contents

INTRODUCTION .................................................................................................................................. 5

SUMMARY OF DISCUSSIONS ............................................................................................................... 7

TOPIC 1 EFFECTIVE MEANS TO DETECT AND INVESTIGATE CORRUPTION CRIMES .......................... 12 MEANS OF DETECTING AND INVESTIGATING CORRUPTION OFFENCES AND JOINT INVESTIGATION TEAMS (Juuso Oilinki, Finland) ................................................................................................................................12 EFFECTIVE DETECTION AND INVESTIGATION OF CORRUPTION (Jure Rus, Slovenia).........................................19 EUROPEAN CONVENTION OF HUMAN RIGHTS: STANDARDS IN INVESTIGATING CORRUPTION (Dmytro Kotliar, OECD) ...............................................................................................................................................27 JOINT INVESTIGATIVE TEAMS: A SUCCESSFUL TOOL TO INVESTIGATE CORRUPTION (Dritan Rreshka, Albania) ...32

TOPIC 2 PROSECUTION OF CORRUPTION...................................................................................... 45 THE BADEN-WURTTEMBERG EXAMPLE (Rainer Hornung, Germany) .......................................................45 ROLE OF USKOK IN COORDINATING AND PROSECUTING CORRUPTION IN CROATIA (Diana Pervan, Croatia) ...54

TOPIC 3 SELECTED KEY CORRUPTION OFFENCES .......................................................................... 63 INVESTIGATING AND PROSECUTING CORRUPTION OF HIGH LEVEL OFFICIALS IN ROMANIA (Cristian Anghel, Romania) .........................................................................................................................................63 INVESTIGATING AND PROSECUTING OF FOREIGN BRIBERY (Fabio de Pasquale, Italy) ..................................68 INVESTIGATING AND PROSECUTING CORRUPTION IN HEALTH SECTOR (Marcello Miller, Brazil) .....................74 EXPERIENCE IN INVESTIGATING HIGH LEVEL CORRUPTION IN LATVIA (Rimants Kuzma, Latvia) .....................79

TOPIC 4 INDEPENDENCE AND SPECIALISATION OF POLICE AND PROSECUTORS ............................... 83 EFFECTIVE DETECTION AND INVESTIGATION OF CORRUPTION BY A SPECIALISED AND INDEPENDENT ANTICORRUPTION BODY (Daumantas Pocius, Lithuania) ............................................................................83

TOPIC 5 EFFECTIVE ASSET FORFEITURE ? FROM TRACING TO EFFECTIVE CONFISCATION.................. 87 EFFECTIVE INVESTIGATION OF ASSETS, PRACTICAL APPLICATION OF MUTUAL LEGAL ASSISTANCE AND ASSET RECOVERY (Phyllis Atkinson, Basel Institute on Governance) ............................................................87 TRACING OF ASSETS, FREEZING AND CONFISCATING OF ASSETS IN CRIMINAL PROCEEDINGS IN CORRUPTION CASES INVESTIGATED IN SWITZERLAND (Jean-Bernard Schmid, Switzerland) ..................................................106 TRACING AND CONFISCATING ASSETS GAINED THROUGH CORRUPTION IN UKRAINE (Stanislav Turovskyi, Ukraine) .........................................................................................................................................112

WORKING GROUP 1: EFFECTIVE MEANS TO GATHER EVIDENCE IN CORRUPTION CASES ....................117

WORKING GROUP 2: LAYING CHARGES AND DEFENDING CORRUPTION CASES IN COURT...................120

ANNEX 1. SEMINAR AGENDA............................................................................................................124

ANNEX 2. LIST OF PARTICIPANTS ......................................................................................................127

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Introduction

The expert seminar "Effective Means of Investigation and Prosecution of Corruption" took place from 20 to 22 October 2010 in Bucharest, Romania. This seminar was organised as part of the work programme of the Anti-Corruption Network for Eastern Europe and Central Asia (ACN) of the Organisation for Economic Co-operation and Development (OECD). It was organised by the ACN Secretariat and hosted by the National Anticorruption Directorate (DNA).

ACN is a global relations initiative of the OECD Working Group on Bribery. ACN aims to support anticorruption reforms, promote exchange of experience and elaboration of best practices in fighting corruption in Eastern Europe and Central Asia. ACN operates through general meetings, thematic and analytical activities and sub-regional initiatives.

The seminar was hosted by the National Anticorruption Directorate (DNA), the specialized anticorruption prosecution agency of Romania, set up in 2002 and, at present, integrated in the Prosecutor's Office attached to the High Court of Cassation and Justice. DNA focuses on high and medium level corruption cases and concentrates specialization, training and technical resources in this area. 145 prosecutors, 170 judicial police officers, 55 specialists, as well as 200 auxiliary, administrative and economic personnel are employed by the DNA. During the last 5 years, more than 2700 defendants have been sent to trial and approximately 650 defendants are already convicted with final decisions. Half of the convicted persons are public officials with leading, control or decision positions.

The Istanbul Anti-Corruption Action Plan is the main ongoing sub-regional initiative of the ACN. It focuses on reviews of legal and institutional framework to fight corruption, implementation of recommendations and monitoring of their implementation in participating countries through a "peer review". Since the second round of monitoring under the Istanbul Action Plan equally important as monitoring are a series of "peer learning" activities, mainly training seminars, for practitioners.

Since 2001, the ACN has already carried out several thematic and analytical activities in selected areas of anti-corruption reforms. A project on criminalisation of corruption started in 2005 and resulted in a publication "Corruption: A Glossary of International Standards in Criminal Law" and two expert seminars ? on International Anti-Corruption Standards in Kiev, Ukraine in February 2005 and Criminalisation of Corruption: Liability of Legal Persons for Corruption, Confiscation of the Tools and Proceeds of Corruption and Mutual Legal Assistance in Corruption-Related Cases in Almaty, Kazakhstan in March 2007.

For more information on ACN activities, see the ACN web site corrruption/acn.

The aim of this expert seminar was to encourage sharing of experience and good practice on investigation and prosecution of corruption and encourage networking of practitioners: investigators, prosecutors and specialised anti-corruption units investigating and prosecuting corruption crimes.

The seminar covered the following issues: methods of detection and investigation and prosecution of corruption crimes, experience in investigation of high level corruption, foreign bribery and corruption in health sector, role of independence and specialisation of police and prosecutors and asset tracing, forfeiture and confiscation in corruption cases.

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