ACT (Anti-Corruption Tribunal) Manual

I. Introduction to CorruptionA. Categories of corruptionB. Transnational corruption casesC. Grand corruptionD. Corruption by high officialsE. What is corruption and what is not corruptionF. International ConventionG. Constitutional provisionsH. National legal InstrumentsI. Legal basis II. Jurisdiction or mandate of ACTA. Nature of casesB. Geographical jurisdictionC. NationalitiesD. Domestic corporationsE. International CorporationF. NGOs and CBOsG. Inter -governmental organizationsH. Regional organizations III. Framework for court excellenceA. Equality before the lawB. FairnessC. ImpartialityD. Independence of decision-makingE. CompetenceF. IntegrityG. TransparencyH. AccessibilityI. TimelinessJ. certainty IV. Judicial ethics and conflict of interestA. Public complaint mechanismB. Public information both V. Individuals and suspect rights before court A. Rights for informationB. Right of access to files and documentsC. Right of fair opportunitiesD. Right to address court

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VI. Setting reasonable time to optimum timeframesA. Setting timeframe for main stages of a procedureB. Setting timeframe for complexity of casesC. Setting time for cooperation with stakeholdersD. Enforcing the timeframeE. International actions if a case passes timeframeF. Distinction and integration of functions of head of court and court managerG. Team approach to manage the timeframeH. External pressure to support timeframe

VII. Procedural case management policiesA. Stakeholders involvement in developing court procedural guidelinesB. strict policy to minimize adjournmentsC. arranging early meetings between partiesD. enforcement of timeframe to present evidenceE. standard and written format for orders and judgments

VIII.Agencies role in prosecutionA. Relationship with other agenciesB. Coordination with other agencies and nature of relations IX. Prosecution principlesA. criminal or administrative prosecutions which may lead to fines, restitution requirement or

other punishments,B. disciplinary actions, which lead to employment related measures such as dismissal or demotion,C. bringing or encouraging civil proceedings, in which those directly affected, or in some cases the

State , seek to recover the proceeds of corruption or civil damages D. Remedial actions such as the retaining of individuals or restructuring of operations in such ways

which reduce or eliminate opportunities of corruptionE. A conduct may not be a crime yet corruptionF. Available evidence may not support prosecutionG. Prosecution may not be in public interest X. Trial of Anti-Corruption CasesA. Assignment of casesB. Assignment of judgesC. Transparency in legal proceedingsD. Fair trial principlesE. Suspect cooperation in evidenceF. Plea bargainingG. Compellability and competence of witnessesH. Protection of witnessesI. Use of audio and video technology in court proceedingsJ. Use of information and communication technology for the case management and taking of

evidenceK. Securing Evidence

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a. Documentary evidenceb. Oral evidencec. Expert evidenced. Electronic evidencee. Emails, telephones recordsf. Undercover operations

XI. International and transnational cooperationA. Managing transnational corruption casesB. Managing grand corruption casesC. MLAD. ExtraditionE. Attachment and seizure of proceeds of crimesF. Sharing of proceeds of crimesG. Disposal of proceeds of crimesXII. Interpretation of law and evidenceA. Burden of proofB. Easing the burden of proofC. Increasing the significance of circumstantial evidenceD. The possession of Inexplicable wealthE. Confiscation of property of illegal originF. Civil and administrative confiscationG. Disciplinary actionsH. Shifting of burden of proofI. Illicit enrichmentXIII.Sentencing guidelinesA. Concepts of justificationB. ProportionalityC. NecessityD. intrusivenessXIV.Closing a caseXV. Monitoring and distribution of data

A. Data on court performance available to all court staffB. Data on court performance available to public scrutinyC. Information collection about stakeholders’ expectations and opinion

IndexesA. Excerpts from International ConventionsB. Excerpts from Domestic Laws

Glossary of terms

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