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Investigation of Public Corruption February 23, 2011, Sofia, Bulgaria

Investigation of Public Corruption February 23, 2011, Sofia, Bulgaria. UN Convention Against Corruption. [critical nature of measures taken to ensure that the prosecutor] “enjoys independence similar to that of the judicial service.” UNCAC Art. 11(2). Saturday Night Massacre.

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Investigation of Public Corruption February 23, 2011, Sofia, Bulgaria

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  1. Investigation of Public Corruption February 23, 2011, Sofia, Bulgaria

  2. UN Convention Against Corruption • [critical nature of measures taken to ensure that the prosecutor] “enjoys independence similar to that of the judicial service.” UNCAC Art. 11(2)

  3. Saturday Night Massacre • Special Prosecutor refuses to withdraw request for tapes • Elliott Richardson ordered by Nixon to fire Special Prosecutor— Richardson resigns • William Ruckelshaus ordered to fire Special Prosecutor—Ruckelshaus resigns

  4. Public Integrity Section • Created in 1976-consolidated into one unit the oversight responsibilities for the prosecution of public corruption offenses • Staffed by career attorneys • Handle cases nationwide • Report to Congress annually

  5. Article 33Protection of reporting persons • Each State Party shall consider incorporating into its domestic legal system appropriate measures to provide protection against any unjustified treatment for any person who reports in good faith and on reasonable grounds to the competent authorities any facts concerning offences established in accordance with the Convention.

  6. Article 36Specialized authorities • Each State Party shall . . . Ensure the existence of a body . . . specialized in combating corruption through law enforcement. Such body . . . shall be granted the necessary independence . . . to be able to carry out their functions effectively and without any undue influence.

  7. Article 37Cooperation with law enforcement authorities • Each State Party shall take appropriate measures to encourage persons who participate . . . in the commission of an offence . . . to supply information useful to competent authorities for investigative and evidentiary purposes . . .

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