26 / 56
CENTRE OF EXPERTISE IN JUDICIARY @ TRANSPARENCY INTERNATIONAL ROMANIA
24
3. Gapsand loopholesaffecting the performance
of the criminal justice system
The standards detailed in Chapter 2 may be successfully implemented, but a judiciary may still fail
to efficiently sanction corruption due to gaps and loopholes that prevent a case from successfully
proceeding through the different phases of the criminal justice system: detection phase, merit test,
investigation, prosecution, adjudication and final sanctioning.
This Chapter lists the most commonly met gaps and loopholes affecting each of the phases of
the criminal justice systems, as resulting from the National Integrity System Assessments and the
experience of the Advocacy and Legal Advice Centres established by TI around the globe. They are
also informed by publications and recommendations issued by several international organisations,
such as the United Nations and its branches, the International Commission of Jurists, the World
Bank, the Judicial Group on strengthening Judicial Integrity convened by the Centre for International
Crime Prevention, the TI Global Corruption Report 2007 and GRECO, among others.
For each identified gap or loophole a corresponding recommendation for remedy has also been
listed to inform users of this Guide about the possible next steps. TI encourages governments and
judiciaries, as well as civil society representatives, to carry out a careful analysis of particular gaps
and loopholes affecting the performance of their national judiciary, phase by phase, and formulate
relevant solutions to advocate for, in order to sustainably strengthen the capacity of the judiciary to
curb corruption.
Corruption
offence
Appropiate and
effective sanctions
What issues need to be addressed to
ensure corruption crimes are sanctioned?
Detection
Merit test/
inspection of
the case
Investigation Prosecution Adjudication Sanctioning