NATIONAL EXPERIENCE IN INVESTIGATING

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.

NATIONAL EXPERIENCE IN INVESTIGATING CORRUPTION - DENMARK

NATIONAL EXPERIENCE IN INVESTIGATING CORRUPTION – DENMARK

INITIAL PHASE

Investigators : Reception/selection/

initia-tive case Initial considerations

eg. Special investigative tech-

niques General time frame

Prosecutors : Deliberations

regarding conditions for prosecu- tion, subsumption, time-barring, legal tenability, other legal questions

General time frame

NATIONAL EXPERIENCE IN INVESTIGATING CORRUPTION - DENMARK

Investigators : Drawing board charges Criminal procedural

measures Search, seizure, arrest,

remand in custody Choice of technological

level

Prosecutors : Draft of indictment Lifting of immunity

Court Orders

Deliberations regarding form of presentation in Court

NATIONAL EXPERIENCE IN INVESTIGATING CORRUPTION – DENMARK

INVESTIGATIVE PHASE

Investigators : Training ? Data collection (open

sources) Supplementary

questioning of complainants/victims

Prosecutors : Training ?

NATIONAL EXPERIENCE IN INVESTIGATING CORRUPTION - DENMARK

Investigators : Supplementary

criminal procedural measures

Investigative focus Investigations abroad ? Eurojust JIT

Prosecutors : Supplementary

criminal procedural measures

Investigative focus Letters of request Eurojust JIT

NATIONAL EXPERIENCE IN INVESTIGATING CORRUPTION - DENMARK

Investigators : Interrogation themes

(the accused/witnesses)

Auditing ? Interviewing witnesses Interrogating the

accused Pruning ?

Prosecutors : Interrogation themes

(the accused/witnesses)

Auditing theme

Pruning ?

NATIONAL EXPERIENCE IN INVESTIGATING CORRUPTION – DENMARK

CONCLUDING THE INVESTIGATION

Investigators : Supplementary

investi-gation (requests by the defence team ?)

Case summary Outline of documents

Prosecutors : Draft of indictment Presentation to

superior authorities, special authorities, etc

Presentation

NATIONAL EXPERIENCE IN INVESTIGATING CORRUPTION - DENMARK

Investigators :

Glossary etc.

Prosecutors : Pre-trial court

hearings ? Pruning, waiving

prose-cution Checking legality Bringing an

indictment

NATIONAL EXPERIENCE IN INVESTIGATING CORRUPTION – DENMARK

BRINGING THE CASE BEFORE THE COURT

Investigators : Preparing the extract Visual aids

Possible supplementary investigation

Prosecutors : Preparing the extract Preliminary court

hearing Indictment List of evidence Plan for the trial

NATIONAL EXPERIENCE IN INVESTIGATING CORRUPTION – DENMARK

TRIAL (1ST AND 2ND 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 authorities

UNICEF-caseNorwegian 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 - DENMARK

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 - DENMARK

NATIONAL EXPERIENCE IN INVESTIGATING CORRUPTION - DENMARK

BEYOND REASONABLE DOUBT