prerequisites for combating high level corruption
TRANSCRIPT
Prerequisites for Combating High Level Corruption
www.pna.ro
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
www.pna.ro
DNA’s results in 2015
1,250 indicted defendants for medium and high level corruption crimes
83 legal entities indicted
PUBLIC MINISTRY NATIONAL ANTICORRUPTION DIRECTORATE
www.pna.ro
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
PUBLIC MINISTRY NATIONAL ANTICORRUPTION DIRECTORATE
www.pna.ro
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
PUBLIC MINISTRY NATIONAL ANTICORRUPTION DIRECTORATE
www.pna.ro
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
PUBLIC MINISTRY NATIONAL ANTICORRUPTION DIRECTORATE
www.pna.ro
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
PUBLIC MINISTRY NATIONAL ANTICORRUPTION DIRECTORATE
www.pna.ro
Recovering damages in 2015
• seizure measures : €500 million • recovering damages as a result of
final conviction decisions : €195 milion
PUBLIC MINISTRY NATIONAL ANTICORRUPTION DIRECTORATE
www.pna.ro
Finality of DNA’s cases in 2015
in 93% of cases DNA obtained conviction solutions
PUBLIC MINISTRY NATIONAL ANTICORRUPTION DIRECTORATE
www.pna.ro
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)
PUBLIC MINISTRY NATIONAL ANTICORRUPTION DIRECTORATE
www.pna.ro
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
PUBLIC MINISTRY NATIONAL ANTICORRUPTION DIRECTORATE
www.pna.ro
National Anticorruption Directorate
How have we reached these results?
PUBLIC MINISTRY NATIONAL ANTICORRUPTION DIRECTORATE www.pna.ro
www.pna.ro
Prerequisites for efficiently combating corruption
• Specialized structure
• Appropriate legislation
• Administrative and managerial measures
PUBLIC MINISTRY NATIONAL ANTICORRUPTION DIRECTORATE
www.pna.ro
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
PUBLIC MINISTRY NATIONAL ANTICORRUPTION DIRECTORATE www.pna.ro
www.pna.ro
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
PUBLIC MINISTRY NATIONAL ANTICORRUPTION DIRECTORATE
www.pna.ro
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
PUBLIC MINISTRY NATIONAL ANTICORRUPTION DIRECTORATE
www.pna.ro
DNA’s JURISDICTION
• Jurisdiction considering the perpetrated offence
• Jurisdiction considering the perpetrator’s position
• Exclusive jurisdiction
PUBLIC MINISTRY NATIONAL ANTICORRUPTION DIRECTORATE
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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
PUBLIC MINISTRY NATIONAL ANTICORRUPTION DIRECTORATE www.pna.ro
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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
PUBLIC MINISTRY NATIONAL ANTICORRUPTION DIRECTORATE www.pna.ro
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EXCLUSIVE JURISDICTION
The offences against the financial interests of the European Communities
PUBLIC MINISTRY NATIONAL ANTICORRUPTION DIRECTORATE www.pna.ro
www.pna.ro
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.
PUBLIC MINISTRY NATIONAL ANTICORRUPTION DIRECTORATE
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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
PUBLIC MINISTRY NATIONAL ANTICORRUPTION DIRECTORATE www.pna.ro
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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
PUBLIC MINISTRY NATIONAL ANTICORRUPTION DIRECTORATE
www.pna.ro
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
PUBLIC MINISTRY NATIONAL ANTICORRUPTION DIRECTORATE
www.pna.ro
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
PUBLIC MINISTRY NATIONAL ANTICORRUPTION DIRECTORATE
www.pna.ro
Thank you
for your attention!
PUBLIC MINISTRY NATIONAL ANTICORRUPTION DIRECTORATE
www.pna.ro