This review aims at giving an objective view of judicial anticorruption performance and looking behind the official, quite impenetrable statistics. This is the second review done by MANS, since the Tripartite Commission, composed of members of the courts, the prosecution and the police, publishes mere numbers. We reviewed over 400 final first and second instance judgments posted by courts on their websites or obtained by invoking the Free Access to Information Law. The judgments were reviewed based on the official classification of corruption offences including:
⋅ Money Laundering, Criminal Code (CC) Art 268;
⋅ Breach of Equality in Business Operations, CC Art 269;
⋅ Causing Bankruptcy, CC Art 273;
⋅ Bankruptcy Fraud, CC Art 274;
⋅ Misuse of Authorities in Business Operations, CC Art 276;
⋅ Fraudulent Balance Sheet, CC Art 278;
⋅ Misuse of Assessment, CC Art 279;
⋅ Revealing a Business Secret, CC Art 280;
⋅ Revealing and Using Stock Exchange Secrets, CC Art 281;
⋅ Misuse of Office, CC Art 416;
⋅ Malpractice in Office, CC Art 417;
⋅ Trading in Influence, CC Art 422;
⋅ Passive Bribery, CC Art 423;
⋅ Active Bribery, CC Art 424;
⋅ Disclosure of Official Secret, CC Art 425;
⋅ Abuse of Monopoly Position, CC Art 270;
⋅ Misuse of Position in Business Activity, CC Art 272;
⋅ Fraud in the Conduct of Official Duty, CC Art 419.
Part One looks into the statistics, and Part Two deals with the selective approach to criminal prosecution, while Part Three reviews the length of proceedings and the consequences of inefficiency on the part of judges and prosecutors. Part Four refers to dropping of charges, and Part Five focuses on acquittals. Penal policy is under review in a separate chapter, as well as covert surveillance measures supposed to be used to procure evidence of corruption. The next chapter deals with the impact of conviction as regards the confiscation of proceeds of corruption. A separate chapter deals with the liability of judges and prosecutors, and another with pardoning of persons convicted for corruption. The last chapter deals with access to court judgments.
Publication Behind the Statistics 2 download HERE (PDF)
