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NATIONAL EXPERIENCE IN INVESTIGATING CORRUPTION - DENMARK. beyond reasonable doubt. NATIONAL EXPERIENCE IN INVESTIGATING CORRUPTION - DENMARK. The right organization The right procedure handling a case and
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NATIONAL EXPERIENCE IN INVESTIGATING CORRUPTION - DENMARK beyond reasonable doubt
NATIONAL EXPERIENCE IN INVESTIGATING CORRUPTION - DENMARK 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 – DENMARKInitial phase Investigators : • Reception/selection/initia-tivecase • 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 – DENMARKINVESTIGATIVE 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 – DENMARKTrIAL (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
NATIONAL EXPERIENCE IN INVESTIGATING CORRUPTION - DENMARK 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 - 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 beyond reasonable doubt