ANTI-CORRUPTION

RESEARCH OCTOBER 2015- JANUARY 2016

CLINICAL LAW

DEFINITION OF CORRUPTION

• It is in the human nature to try to create privileges and personal benefits.

• Abuse of office, of entrusted power or public office for private gains.

• Can be characterized by behavioral that justify and reinforce it, returning to a ‘’culture’’.

• It’s a concern for the economy.

TYPES OF CORRUPTION

• Active corruption in the public sector• Passive corruption in the public sector• Massive corruption (in the lower levels of administration)• The high levels corruption

Administrative corruption

• Active corruption in the private enterprise• Passive corruption in the private sectorEconomic corruption

• Related to the organized crimePolitical corruption

OFFICIAL STATISTICS OF THE DISTRICT COURT OF TIRANA

PERIOD 01.01.2015 – 16.12.2015

Active corruption (article 244)

Passive corruption (article 259)

Total cases 41 14

Terminated cases 36 9

Guilty verdicts 1 1

PROVISIONS IN THE CRIMINAL CODE

•Article 244 (Active corruption of persons exercising public functions)•Article 244/a (Active corruption of foreign public officials)•Article 245 (Ative corruption of senior state officials or local elected reprezentatives)•Article 245/1 (Exercise of unlawful influence against against the persons exercising public functions)

The section of criminal offences against the state activity carried out by the

citizens

•Article 259 (Passive corruption of persons exercising public functions)•Article 259/a (Passive corruption of foreign public officials)•Article 260 (Passive corruption of senior state officials/local elected representative)

The section of criminal offences against the state activity carried out by the

state officials or those charged with public function

•Article 164/a (Active corruption in private sector)•Article 164/b (passive corruption in private sector)

The section of criminal offences of corruption

conducted at commercial companies

INTERNATIONAL JURIDICAL ACTS

European Anti-Corruption Conventions• Criminal Law Convention on Corruption of the

Council of Europe (COE Criminal Law Convention)

• Civil Law Convention on Corruption of the Council of Europe (COE Civil Law Convention)

• European Union Convention Against Corruption Involving Officials (EU Convention Against Corruption)

• European Union Convention on the Protection of the European Communities’s Financial Interests (EU Convention on Financial Interests)

• Council of Europe Convention on Laundering, Search, Seizure and Confiscation of the Proceeds from Crime and on the Financing of Terrorism

• Recommendation No. R (2000) 10 of the Committee of Ministers to Member states on codes of conduct for public officials

• Council of Europe Resolution (97) 24 on the Twenty Guiding Principles for the Fight Against Corruption

United Nations Conventions Against Corruption• United Nations Conventions

Against Corruption (UNCAC)• United Nations Conventions

Against Transnational Organized Crime and the Protocols Thereto (UNTOC)

• Convention on Combating Bribery of Foreign Public Officials in International Business Transactions (OECD Anti-Bribery Convention)

THE LIST OF CURRICULUMS

LITERATURE AVAILABLE

• Bachelor ( Criminology- Penology; Criminal law- special part)

• Master (Professional Ethics in Criminal Justice; European Criminal Policy and Restoration Justice; Economi and Crime)

LITERATURE AVAILABLE IN THE LIBRARY

• Corruption offences with a special emphasis in Kosovo

• Summary of Evaluation Reports of GRECO Albania

• Administrative Investigation of Corruption Offences to private interests

PROTECTED PhDs AT THE FACULTY OF LAW

• Economic aspects of organized crime

• Conflict of interests offences commited by state employees and public services

• The efectiveness of legislation and the criminal justice sistem against crime in the European Integration Process

• Criminal liability

INTERNATIONAL ORGANIZATIONS• GRECO (The Group of States Against Corruption)• PACO• SPAI (Anti-Corruption Initiative of the Stability Pact)• IACA (International Anti-Corruption Academy)• OLAF (Anti-Fraud Office)• UNODC• GOPAC (Global Organization of Parliamentarians Against

Corruption• Transparency International• Global Witness

NGO-s OPERATING IN ALBANIA

• BIRN ALBANIA (Open Society Foundation for Albania)• ALBANIA HELSINKI COMMITTEE (AHC) • SOROS FOUNDATION• TRANSPARENCY INTERNATIONAL ASSOCIATION

ALBANIA• OFFICE FOR THE PROTECTION OF CITIZENS • TRANSPARENCY AND INFORMATION CENTER FOR

FREE• ALBANIA CENTER FOR ECONOMIC RESEARCH (ACER)

CONTACTS FOR REPORTING CORRUPTION

• High Inspectorate For The Declaration And Audit Of Assets And Conflict Of Interest (HIDAACI) – 08009999

• Ministry Of Internal Affairs – 08009090• Albanian State Police – 08009090• Primer, Anti-corruption Department – 0800909• Ministry of Finances – www.stopkorrupsionit.al• Ministry of Health –

antikorrupsioni@shëndetësia.gov.al• Tax Department - 08001414

SURVEY ON CORRUPTION BY CLINICAL LAW

The main objective • Is to measure the Albanian public perception,

experience and behavior against corruption, to identify corrupt practices in various areas of management, delivery, service of public administration.

Methodology• Questionnary, face to face interview

TARGET GROUPSAGE,EDUCATION, GENDER, EMPLOIMENT

EDUCATION PERCENTAGE

Higher Education 85.5 %Secondary Education

11.1 %

Primary Education

3.4%

AGE PERCENTAGE18-29 years 84.8 %50-59 years 5.5 %30-39 years 4.1 %40-49 years 2.8 %Over 65 years 2.1 %60-65 years 0.7 %

FEMALE 77.9 %

MALE 22.1%

UNEMPLOYED 74.5 %

EMPLOYEES 16.6 %

SELF-EMPLOYED 8.9 %

Question: How would you assess the situation of corruption in the country?

78.60%

19.30%

1.40%0.70%

AlarmingCommon as anywhere.SporadicNot worrying

Question: The main reasons of corruption:

28.30%

24.80%17.90%

16.60%

11.70% 0.70%

The lack of strict admin-istrative control.Fast personal enrichment of people with power.Low salaries of officials in the public sector.Inefficiency of the judicial system.Moral crisis.Deficient legislation..

Question: What are the reasons for the existence of corruption?

26.20%

24.80%19.30%

11.00%

9.70%7.60% 1.40%

There is no other way to do the job.To expedite the processes, proce-dures.To have an alternative source of income.To treat, served appro-priately.To avoid penalties, sanctions.To get professional treatment, privileges.To avoid higher official fees.

Question: Reasons for not accepting gifts / money:

42.00%

19.30%

18.60%

15.90%4.20%

An employee is obliged to perform his work.Must fight corruption, we should not be involved in it.Ethical issues, legal.It's against the law, a crim-inal offense.It is unreasonable, un-necessary.

Question: Is that corruption to you?

91%

8.30%

0.70%

Bribe police for not suspended license.Gifts for teachers on 7th-8th of March.Gifts for a doctor after a successful operation.

Question: coverage or media attention on the problem of corruption?

54.50%40.70%

4.80%

It has increased.It has remained the same.

It is shrinking.

Question: A person who has paid a bribe to an official servant, how safe is he that the service will be taken or problem will be solved?

47.60%

26.20%

20.70%

5.50%

Safe.Quite safe.Unsure.Highly uncertain.

Question: In your opinion, which situation often happens when someone pays a bribe to an official?

49.70%

39.30%

11.00%

Previously known as paid, what form and amount.Gives official indication or requires payment.Family offers its payment decision.

HOW CORRUPT OR HONEST ARE THE REPRESENTATIVES OF THESE INSTITUTIONS

VERY HONEST VERY CORRUPT

PROSECUTERS 2.8 % 58.6 %

JUDGES 2.8 % 56.6 %

MEMBERS OF PARLIAMENT

3.5 % 55.7 %

MINISTERS 4.8 % 52.4 %

CUSTOMS OFFICERS

4.8 % 52.4 %

MAYORS 4.1 % 45.5 %

TAX AUTHORITIES 4.1 % 43.4 %

GOVERNORS 3.4 % 43.4 %

DOCTORS 3.4 % 41.4 %

POLICES 4.8 % 37.4 %

PROFESSORS 3.4 % 26.2 %

TEACHERS 9.8 % 10.3%