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