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CENTRE OF EXPERTISE IN JUDICIARY @ TRANSPARENCY INTERNATIONAL ROMANIA
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Prosecution phase
The prosecution phase involves prosecutors receiving a case file and evidence from the investigating
authority and considering whether to proceed with charges. However in some jurisdictions prosecutors
will have already been involved at the investigation stage.
GAPS AND loopholes
•
Public officials enjoy immunity from
prosecution
•
Limited access of prosecuting authorities
to information and data
•
Undue influence or pressure regarding
the management of a determined
case, particularly through hierarchical
mechanisms
•
Unjustified case removal
•
Preferential treatment of the cases,
depending on the position of the defendant
or his / her political affiliation
•
Lack of channels for challenging decisions
•
Limited accountability and transparency of
the performance of prosecutors
•
Short statutory limitations
•
Lengthy procedures
•
Public prosecutors’ monopoly over raising
charges in corruption cases.
Reccomendations to
counter THEM
•
Prosecutors have full investigative powers
for corruption cases without any preliminary
approval from a side body
•
The prosecutors can collect evidence without
restrictions
•
All decisions regarding collection of
evidence are legally enforceable and
mandatory for all entities and persons
without restrictions (no secrecy boundaries,
national security and so on)
•
The case is managed by prosecutors
without hierarchical or outside undue
interference
•
The case assigned to a given prosecutor
may not be redistributed to another
prosecutor without a preliminary analysis
of whether the removal represents an
interference with case management
•
The prosecutors` decisions of withdrawing
or ending the case can be the subject of
appeal or review, upon request from the
interested parties
•
The prosecution must ensure equal
treatment for all investigated persons,
irrespective of their political affiliations
•
Prosecution
offices
are
publicly
accountable for their performance, being
required to disclose the evaluation of the
casework both as a detailed statistical
report and as case by case (with respect of
individuals` rights).
•
Undue interference with the judicial
investigation or attempts to interfere with
prosecutors’ or judges’ independence is a
regulated criminal offence.
•
The criminal procedural code provides the
interested parties with the right to submit
amicus-curiae petitions and to follow the
case.
•
Legally stipulate the possibility to reopen a
dismissed corruption case if new evidence
is discovered.