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ENHANCING JUDICIARY`S ABILITY TO CURB CORRUPTION - A PRACTICAL GUIDE

25

Detection

Before a crime reaches the first phase of the criminal justice system (the investigation phase) it needs

to be detected. The ‘detection’ stage refers to how a state and society uncovers or reports corruption,

prior to judiciary engagement. In the following table, common gaps and loopholes are listed in the

column on the left. In the right-hand column anti-corruption measures or standards that could be

implemented to plug the loopholes and counter the corruption risks are listed

.

GAPS AND loopholes

Limited awareness regarding the meaning

of corruption

Limited and discretionary access to

complaint mechanisms

Limited professional capacity to detect

corruption

Limited competencies and capacity to

secure evidence

No institutional or international cooperation

Limited accountability of the authorities with

regard to their performance in detecting

corruption due to limited transparency

concerning the solutions provided in the

detected corruption cases

There are jurisdictions in which protection

of reporting persons is not provided.

Across the national or federal jurisdiction

there is no log recording and monitoring

of the unique numbers assigned to each

reported or identified case of corruption.

Reccomendations to

counter THEM

Regular citizens and companies have

unrestricted rights to report cases

NGOs are recognised as public interest

litigants

Administrative bodies and other public

entities, as well as public officials have

legal obligations to report corruption and

are legally liable if they do not report it

Anticorruption bodies and antifraud

institutions should report all cases they

investigate and the follow-up of those

cases

Judicial authorities have legal competence

to start investigating / prosecuting cases

revealed by media reports and by any other

sources, through ex-officio undersigning

the case procedure

The statistic data on the results of the case

detection performance are transparent and

provide grounds for keeping public entities

accountable for their capacity in detecting

corruption

Administrative, anticorruption and antifraud

bodies, as well as other public entities with

investigative powers have the legal and the

practical means to preserve the evidence

they have found and which have led to

their reporting of corruption cases

Regular citizens and companies can record

evidence of the corruption they report

(such as documents, photos or audio /

video recordings of the bribe request) and

are admissible to be analysed by the court

Adequate witnesses and whistleblowers`

protection

A `Single Record of Corruption` system to

facilitate monitoring of the progress of the

case