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

27

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