prosecution of corruption maja veber Šajn, m.sc., local state prosecutor specialised state...

PROSECUTION OF CORRUPTION

Maja Veber Šajn, M.Sc., Local State ProsecutorSpecialised State Prosecution Office of the Republic of

Slovenia

Caracteristics of nowadays crime

- increasing levels of economic crime and corruption

- corruption and economic crime represent a threat to the very essence of the rule of law

- direct and indirect damage caused by such crime is increasing

Caracteristics of nowadays crime

- globalisation – borders are gone

- perpetrators with special knowledge, skills and influence

- prepared to do everything to keep their position and privileges

Corruption

- very diffucult to gather evidence, to prove and prosecute (both parties happy)

- all the elements of the criminal act must be proven

- special investigating techniques

- international cooperation

Corruption

- prevention, awareness raising

- good cooperation between authorities

- investigative journalism

1. stable and good legislation2. specialised police, prosecution and judiciary3. effective investigation and cooperation

Effective investigation and prosecution in practice

- laws that do not change too often- definitions of criminal acts that are well

structured- budget, resources

Stable and good legislation

for successful prosecution of complex crime the whole “chain of justice” must work well

Effective investigation and prosecution in practice

Police – establishment of National Bureau of Investigation in 2010

Prosecution - establishment of Specialised State Prosecutor’s Office in 2011

Judiciary – establishment of Specialised Departments in 2011

Specialised law enforcement

- complex crime investigated by forming Specialised investigation teams (Tax Office, Customs, Money Laundering Office, Court of Audit, Commission for the Prevention of Corruption, Police) working together on a case lead by the prosecutor

- in cases where two or more states are involved investigation should be done with Joint

investigation teams

Effective investigation and cooperation

- specialisation, education- good cooperation between authorities, mutual

trust- “climate in the society” – corruption is something bad and dangerous

- understanding, respect and support of our work- time, “peaceful” environment

Positive results

- big cases- the “untauchables”- influencial people, “two fights, two trials” -

media defence- discreditation, use of all means- “concealed” pressure- brave people

Pressure

- prosecutor’s place is in the courtroom (presumption of innocence, the right to a fair trial – limited by the law)- fear from media, “make you or brake you”- objective media - ally

Relationship Prosecution and Media

THANK YOU FOR YOU ATTENTION

maja.veber-sajn@dt-rs.si