Prerequisites for Combating High Level Corruption

Prerequisites for Combating High Level Corruption

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PUBLIC MINISTRY

NATIONAL ANTICORRUPTION DIRECTORATE

National Anticorruption Directorate

• structure specialized in combating high and medium level corruption

• one of the 5 examples of best practices at the level of the entire European Union (the Anticorruption Report of the European Union

published in February 2014)

PUBLIC MINISTRY NATIONAL ANTICORRUPTION DIRECTORATE

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DNA’s results in 2015

1,250 indicted defendants for medium and high level corruption crimes

83 legal entities indicted


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Indicted defendants 2015

1 Prime Minister

5 ministers

16 Deputies and 5 Senators

97 Mayors and Deputy Mayors

15 Presidents or Vice-Presidents of County Councils

32 directors of national companies


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Final convicted people 2015

970 defendants convicted2 deputies ( one of them being minister)1 senator1 minister11 prosecutors and 8 judges18 lawyers231 police officers69 customs official

21 legal entities convicted


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DNA’s results in 2015

• The Romanian Parliament was requested to approve the pretrial detention of :

6 Deputies2 Senators1 judge of Constitutional Court

• 5 requests for the approval of the criminal investigation against :

1 prime minister1 minister3 former ministers


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Requests for lifting of immunity 2013- 2015

• The Romanian Parliament was requested to approve the pretrial detention of 21 MP’s (17 Deputies and 4 Senators) and 1 judge of Constitutional Court

• 24 requests for the approval of the criminal investigation against 1 prime minister, 3 ministers and 14 former ministers


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Recovering damages in 2015

• seizure measures : €500 million • recovering damages as a result of

final conviction decisions : €195 milion


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Finality of DNA’s cases in 2015

in 93% of cases DNA obtained conviction solutions


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DNA’s Evaluation

“The track record of the key judicial and integrity institutions to address high-level corruption has remained impressive” (CVM Report, January 2016)


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DNA’s Evaluation

DNA enjoys a public trust of 61,2%, the highest level since the setting up of the institution

http://www.inscop.ro


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National Anticorruption Directorate

How have we reached these results?

PUBLIC MINISTRY NATIONAL ANTICORRUPTION DIRECTORATE www.pna.ro

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Prerequisites for efficiently combating corruption

• Specialized structure

• Appropriate legislation

• Administrative and managerial measures


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DNA’s ORGANIZATION AND FUNCTIONING

• organizational and functional independence• financial independence • complex structure formed of prosecutors,

judicial police officers and agents and highly specialized experts in fields such as: economy, finance, banking, customs, IT and others


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Number of positions in DNA

• 195 positions of prosecutors • 220 positions of judicial police officers and

agents• 70 positions of experts • 100 positions of specialized auxiliary staff• 96 positions of economic-administrative staff


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DNA’s MISSION

Conducting criminal investigations for the offences provided by the Law no. 78/2000 which are under DNA’s jurisdiction :

Corruption offences; Offences assimilated to those of corruption Offences directly connected to those of corruption Offences against the financial interests of the

European Communities


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DNA’s JURISDICTION

• Jurisdiction considering the perpetrated offence

• Jurisdiction considering the perpetrator’s position

• Exclusive jurisdiction


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Jurisdiction considering the perpetrated offence

the value of the object of the offence is higher than the equivalent in lei of €10,000 a material damage higher than the

equivalent in lei of €200,000 a material damage higher than the

equivalent in lei of €1,000,000, in the case of bid rigging in public procurement, abuse of office and usurpation of function


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Jurisdiction considering the perpetrator’s position

Regardless of the value of the damage or of the object of the corruption offence, if the perpetrators are:

Deputies or Senators; Members of the Government; State Secretaries; Judges, prosecutors or Members of the Superior Council of

Magistracy; Officers, Admirals, Generals and Marshals; Police officers; Presidents and Vice Presidents of County Councils; Mayors of Municipalities Leaders of local / central public institutions / authorities


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EXCLUSIVE JURISDICTION

The offences against the financial interests of the European Communities


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LEGISLATION • Guaranteeing the prosecutor’s independence and stability in

his/her position • The legal obligation to notify DNA : people with control responsibilities services and bodies specialized in collecting and processing

data the prosecutors from the prosecutor’s offices attached to

courts

Failing to observe these obligations leads to judicial accountability according to the law.


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Efficient Legislative Tools

undercover investigators surveillance of bank accounts and of the accounts assimilated to themsurveillance or interception of communicationsaccess to IT systems elimination of bank secrecy and professional secrecy when dealing with the criminal investigation bodies


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Efficient Legislative Tools

extended confiscationhearing witnesses with protected identitynon-punishment clausesclauses of reducing the penaltyplea bargain agreements admission of guilt and the simplified trial

procedure


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ADMINISTRATIVE AND MANAGERIAL MEASURES

• focusing the activity on complex cases which can obtain solid results in the court•prioritizing the activity• training the prosecutors in different types of offences•drawing up guidelines of best practices• configuring the inter-institutional cooperation framework •active participation in the optimization of the legal framework


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ADMINISTRATIVE AND MANAGERIAL MEASURES

• unifying the judicial practice and identifying the issues which generate contradictory solutions• computerizing prosecutor’s offices - LIVE communications, transfer of information in electronic format • accessing various databases• setting up a virtual library on the Intranet • consolidating inter-institutional cooperation• transparent activity


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Thank you

for your attention!


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Government & Nonprofit

Prerequisites for Combating High Level Corruption