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ENHANCING JUDICIARY`S ABILITY TO CURB CORRUPTION - A PRACTICAL GUIDE
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Investigation phase
The investigation phase consists of the collection of evidence, interviewing the involved parties and
witnesses and compiling a case to be sent to the prosecution for consideration of whether to bring
charges. In those jurisdictions where a case may be directly referred to the prosecution office, the
investigation is conducted under the prosecutor`s supervision.
GAPS AND loopholes
•
The investigative authorities do not
have appropriate or sufficient legal
empowerment to perform their activities in
a non-mediated way.
•
Selective and insufficient collection of
evidence
•
Collection of evidence, in breach of
the procedural rules and human rights
protection, affecting their admissibility in
court
•
The work of gathering evidence is not
always done in a proactive way. Therefore
the right to propose evidence collection,
mandatory for the investigation, is not
sufficiently granted for the claimant
•
Limited access of the judicial authorities to
information and data
•
Immunity of public officials
•
Limited or vitiated right to defence
•
Unsupported dismissal of evidence by the
investigation organization
•
Infringement of the innocence presumption
through misuse of public communication
•
Lack of channels for challenging the
solutions
Reccomendations to
counter THEM
•
The investigative authorities have
appropriate legal powers to carry out their
activities
•
Investigative bodies have access to key
data-bases and/or information they need,
including information protected in other
circumstances by the banking secrecy
•
Investigation is fulfilled in a timely and legal
manner
•
The collection of evidence is done in a
proactive way, involving the knowledge of
complainants who should have a right to
propose ways to collect evidence
•
The rejection of evidence by investigating
authorities is subject to appeal before a
prosecutor or an independent judge
•
The decisions taken are justified in detail,
providing the parties with an adequate
understanding of the reasons
•
The decisions regarding the dismissal of
the case are subject to appeal/ review,
upon request from the interested parties/
victims of corruption (natural or legal
persons) – before they become final
•
The confidentiality of the investigation is
ensured and guaranteed
•
Indirect information are adequately verified
to accept or dismiss them as proofs