Prerequisites for Combating High Level Corruption
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The National Anticorruption Directorate (DNA) of Romania is specialized in combating high and medium level corruption. In 2015, the DNA indicted over 1,250 defendants including politicians, mayors, and businesspeople, and convicted 970. The DNA recovered €195 million in damages and has a 93% conviction rate. Through specialized structures, independent legislation and prosecutors, inter-institutional cooperation, and efficient investigative tools, the DNA has been recognized as one of the best anti-corruption agencies in Europe.
Prerequisites for Combating High Level Corruption
- 1. Prerequisites for Combating High Level Corruption www.pna.ro PUBLIC MINISTRY NATIONAL ANTICORRUPTION DIRECTORATE
- 2. 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
- 3. 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
- 4. 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
- 5. Final convicted people 2015 970 defendants convicted 2 deputies ( one of them being minister) 1 senator 1 minister 11 prosecutors and 8 judges 18 lawyers 231 police officers 69 customs official 21 legal entities convicted PUBLIC MINISTRY NATIONAL ANTICORRUPTION DIRECTORATE www.pna.ro
- 6. DNA’s results in 2015 • The Romanian Parliament was requested to approve the pretrial detention of : 6 Deputies 2 Senators 1 judge of Constitutional Court • 5 requests for the approval of the criminal investigation against : 1 prime minister 1 minister 3 former ministers PUBLIC MINISTRY NATIONAL ANTICORRUPTION DIRECTORATE www.pna.ro
- 7. 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
- 8. 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
- 9. Finality of DNA’s cases in 2015 in 93% of cases DNA obtained conviction solutions PUBLIC MINISTRY NATIONAL ANTICORRUPTION DIRECTORATE www.pna.ro
- 10. 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
- 11. 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
- 12. National Anticorruption Directorate How have we reached these results? PUBLIC MINISTRY NATIONAL ANTICORRUPTION DIRECTORATE www.pna.ro www.pna.ro
- 13. Prerequisites for efficiently combating corruption • Specialized structure • Appropriate legislation • Administrative and managerial measures PUBLIC MINISTRY NATIONAL ANTICORRUPTION DIRECTORATE www.pna.ro
- 14. 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
- 15. 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
- 16. 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
- 17. DNA’s JURISDICTION • Jurisdiction considering the perpetrated offence • Jurisdiction considering the perpetrator’s position • Exclusive jurisdiction PUBLIC MINISTRY NATIONAL ANTICORRUPTION DIRECTORATE www.pna.ro
- 18. 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 www.pna.ro
- 19. 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 www.pna.ro
- 20. EXCLUSIVE JURISDICTION The offences against the financial interests of the European Communities PUBLIC MINISTRY NATIONAL ANTICORRUPTION DIRECTORATE www.pna.ro www.pna.ro
- 21. 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 www.pna.ro
- 22. Efficient Legislative Tools undercover investigators surveillance of bank accounts and of the accounts assimilated to them surveillance or interception of communications access 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 www.pna.ro
- 23. Efficient Legislative Tools extended confiscation hearing witnesses with protected identity non-punishment clauses clauses of reducing the penalty plea bargain agreements admission of guilt and the simplified trial procedure PUBLIC MINISTRY NATIONAL ANTICORRUPTION DIRECTORATE www.pna.ro
- 24. 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
- 25. 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
- 26. Thank you for your attention! PUBLIC MINISTRY NATIONAL ANTICORRUPTION DIRECTORATE www.pna.ro