CORRUPTION DENMARK beyond reasonable doubt The right organization The right procedure handling a case and sufficient rules both criminalizing the act and rules helping us to get the necessary information ID: 420782
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NATIONAL EXPERIENCE IN INVESTIGATING CORRUPTION - DENMARK
beyond reasonable doubtSlide2
The right organizationThe right procedure handling a case and
sufficient rules – both criminalizing the act and rules helping us to get the necessary information.
NATIONAL EXPERIENCE IN INVESTIGATING CORRUPTION - DENMARKSlide3
NATIONAL EXPERIENCE IN INVESTIGATING CORRUPTION – DENMARK
Initial phase
Investigators
:
Reception/selection/
initia-tive case Initial considerations eg. Special investigative tech- niquesGeneral time frame
Prosecutors :
Deliberations regarding conditions for
prosecu
-
tion
,
subsumption
, time-barring,
legal
tenability, other legal
questions
General
time frame Slide4
NATIONAL EXPERIENCE IN INVESTIGATING CORRUPTION - DENMARK
Investigators
:
Drawing board
charges
Criminal procedural measures Search, seizure, arrest, remand in custodyChoice of technological level Prosecutors :Draft of indictmentLifting of immunity
Court Orders
Deliberations regarding form of presentation
in
CourtSlide5
NATIONAL EXPERIENCE IN INVESTIGATING CORRUPTION – DENMARK
INVESTIGATIVE
phase
Investigators
:
Training ? Data collection (open sources)Supplementary questioning of complainants/victims
Prosecutors :
Training ? Slide6
NATIONAL EXPERIENCE IN INVESTIGATING CORRUPTION - DENMARK
Investigators
:
Supplementary
criminal procedural
measuresInvestigative focus Investigations abroad ? EurojustJIT Prosecutors :Supplementary criminal procedural measures
Investigative
focus
Letters
of
request
Eurojust
JITSlide7
NATIONAL EXPERIENCE IN INVESTIGATING CORRUPTION - DENMARK
Investigators
:
Interrogation themes (the accused/witnesses)
Auditing ?
Interviewing witnesses Interrogating the accusedPruning ? Prosecutors :Interrogation themes (the accused/witnesses)
Auditing theme
Pruning ? Slide8
NATIONAL EXPERIENCE IN INVESTIGATING CORRUPTION – DENMARK
CONCLUDING THE INVESTIGATION
Investigators
:
Supplementary
investi-gation (requests by the defence team ?) Case summaryOutline of documents
Prosecutors :
Draft of
indictment
Presentation to superior authorities,
special
authorities,
etc
PresentationSlide9
NATIONAL EXPERIENCE IN INVESTIGATING CORRUPTION - DENMARK
Investigators
:
Glossary etc.
Prosecutors :
Pre-trial court hearings
?
Pruning, waiving
prose-
cution
Checking
legality
Bringing an indictmentSlide10
NATIONAL EXPERIENCE IN INVESTIGATING CORRUPTION – DENMARK
Bringing THE CASE BEFORE THE COURT
Investigators
:
Preparing the
extractVisual aidsPossible supplementary investigation
Prosecutors :
Preparing the extract
Preliminary court hearing
Indictment
List of evidence
Plan for the trialSlide11
NATIONAL EXPERIENCE IN INVESTIGATING CORRUPTION – DENMARK
TrIAL
(1
ST
AND 2
ND COURT INSTANCES) AND AFTERWARDS Investigators :Supplementary investi-gation Assistance at court hearings ?
Confirmation of list of items taken into police
custody
Filing the case
Prosecutors :
Supplementary
investi-gation
Court hearings
Notifying/reporting to relevant authoritiesSlide12
UNICEF-case
Norwegian
Citizen,
5
½ year imprisonment for
accepting bribes at a value at 5½ million Norwegian Kroner, that is to say about 730.000 €.
NATIONAL EXPERIENCE IN INVESTIGATING CORRUPTION - DENMARKSlide13
From an investigative point of view Lifting of immunity.
Search and
seizure
How to investigate.
Where to prosecute.
Inform the perpetrator about the report to the police??NATIONAL EXPERIENCE IN INVESTIGATING CORRUPTION - DENMARKSlide14
NATIONAL EXPERIENCE IN INVESTIGATING CORRUPTION - DENMARK
beyond reasonable
doubt