PROSECUTION OF
CORRUPTION
Maja Veber Šajn, M.Sc., Local State Prosecutor
Specialised 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
Effective investigation and
prosecution in practice
1. stable and good legislation
2. specialised police, prosecution and
judiciary
3. effective investigation and cooperation
Stable and good legislation
-
laws that do not change too often
definitions of criminal acts that are well
structured
budget, resources
Effective investigation and
prosecution in practice
for successful prosecution of complex crime
the whole “chain of justice” must work well
Specialised law enforcement
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
Effective investigation and cooperation
-
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
Positive results
-
-
-
specialisation, education
good cooperation between authorities,
trust
“climate in the society” – corruption is
something bad and dangerous
mutual
understanding, respect and support of our
work
time, “peaceful” environment
Pressure
-
big cases
the “untauchables”
influencial people, “two fights, two trials” media defence
discreditation, use of all means
“concealed” pressure
brave people
Relationship Prosecution and Media
-
-
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
THANK YOU FOR
YOU ATTENTION
maja.veber-sajn@dt-rs.si