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REPUBLI C of SERBIA

CORRUPTION in SERBIA Case Study. REPUBLI C of SERBIA. MINISTR Y of INTERIOR. Ministarstvo unutrašnjih poslova Republike Srbije Uprava kriminalističke policije Služba za borbu protiv organizovanog kriminala. CORRUPTION.

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REPUBLI C of SERBIA

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  1. CORRUPTION in SERBIA Case Study REPUBLIC of SERBIA MINISTRY of INTERIOR

  2. Ministarstvo unutrašnjih poslova Republike SrbijeUprava kriminalističke policijeSlužba za borbu protiv organizovanog kriminala CORRUPTION

  3. Ministry of Interior Republic of SerbiaCriminal Police DirectorateService for Combating Organized Crime Legal basis for corruption investigations – 2 articles of the Penal Code Article 367– Bribe Accepting and Article 368– Bribe Giving

  4. Ministry of Interior Republic of SerbiaCriminal Police DirectorateService for Combating Organized Crime Other crimes, like: “Misuse of Official Position”, “Forgery of Official Document”, “Fraud in the service”, “Embezzlement”, “Illegal Possession” … In the practice these crimes are not treated as corruption cases

  5. Chapter 29a “Criminal Proceedings Code” Regulates following issues: Allows evidence gathering during the criminal proceedings by use of “special investigative measures” Regulates issues related to positions of “undercover agent”, ”witness collaborator”, ”witness penitent”, conducting “controlled deliveries”, possibility of temporary object and property benefit seizure, as well as possibilities for international co-operation in organized crime suppression. Ministry of Interior Republic of SerbiaCriminal Police DirectorateService for Combating Organized Crime

  6. Ministry of Interior Republic of SerbiaCriminal Police DirectorateService for Combating Organized Crime Case Study A “friendly connection” gave us an information that a judge of the Commerce Court requires the money – bribe in amount of 80.000 EUR, from the Director of a Company X, in order to bring the verdict in one case the Judge is running before that Court to the favor of the Company X, by rejecting the charge submitted by a Company Y against Company X with the claim in amount of 700.000 EUR. Using the favorable circumstances, we got in contact with the Director of the Company X, who was willing to co-operate with the police.

  7. Ministry of Interior Republic of SerbiaCriminal Police DirectorateService for Combating Organized Crime Case Study Director of the Company X submitted the criminal charge against the Judge acting in the concrete case, as well against the legal counselor of his own Company X and one more judge of the same Commerce Court – who were charged as intermediaries and persons through who acting judge requires money-bribe.

  8. Ministry of Interior Republic of SerbiaCriminal Police DirectorateService for Combating Organized Crime Case Study On the proposal of police officers submitted to the District Prosecutor, and on the proposal of District Prosecutor submitted to the investigative judge, investigative judge issued the Order for surveillance and recording of telephone and other communication, as well for video recording of suspects’ activities.

  9. Ministry of Interior Republic of SerbiaCriminal Police DirectorateService for Combating Organized Crime Case Study Co-operation with the Director of Company X and surveillance results led to the findings that meeting of the Director and the Judge will be held in one restaurant in one mountain resort, 200 km from Belgrade.

  10. Ministry of Interior Republic of SerbiaCriminal Police DirectorateService for Combating Organized Crime Case Study After the meeting in the restaurant, suspects had intensive communication, which discovered that the Judge is trying to get the money – bribe, but to avoid the verdict as it was promised initially. But, the Director of the Company X insisted to get the verdict before he hands over the money. The Judge made two versions of the verdict: first in which she partially adopts the indictment and claim indicated in it and the second by which the indictment is totally rejected.

  11. Ministry of Interior Republic of SerbiaCriminal Police DirectorateService for Combating Organized Crime Case Study After these developments, the Director, Intermediary and the Judge met in the apartment of legal counselor, as well in one lawyer’s office, where two versions of verdict were presented to the Director. At this moment they have reached an agreement on 80.000 EUR payment in four “installments”: first on the next day in amount of 10.000 EUR, and the rest in next periods of 15 days.

  12. Ministry of Interior Republic of SerbiaCriminal Police DirectorateService for Combating Organized Crime Case Study Immediately after we got these information, in police premises, we have made preparations: marked bills and made “chemical trap” on bills in total amount of 10.000 EURs. When a person touches bills, an invisible ink transfers to his/her hands and colors them on the spots of touch.

  13. Ministry of Interior Republic of SerbiaCriminal Police DirectorateService for Combating Organized Crime Photo of marked bills

  14. Ministry of Interior Republic of SerbiaCriminal Police DirectorateService for Combating Organized Crime Case Study After several changes of meeting venue arrangements and to whom money will be handed over, the Director hands over the money in amount of 10.000 EURs to legal counselor in one restaurant near to counselor’s apartment, who informs the Judge by phone on the handover; after this police officers stopped counselor in the lobby, made search and arrested him.

  15. Ministry of Interior Republic of SerbiaCriminal Police DirectorateService for Combating Organized Crime Search of the legal counselor and arrest

  16. Ministry of Interior Republic of SerbiaCriminal Police DirectorateService for Combating Organized Crime Photo from the search place

  17. Ministry of Interior Republic of SerbiaCriminal Police DirectorateService for Combating Organized Crime Photo from the search place

  18. Ministry of Interior Republic of SerbiaCriminal Police DirectorateService for Combating Organized Crime Photo from the expert examination of changes on skin of the legal counselor’s hands

  19. Ministry of Interior Republic of SerbiaCriminal Police DirectorateService for Combating Organized Crime Photo from the expert examination of changes on skin of the legal counselor’s hands

  20. Ministry of Interior Republic of SerbiaCriminal Police DirectorateService for Combating Organized Crime Photo from the expert examination of changes on skin of the legal counselor’s hands

  21. Ministry of Interior Republic of SerbiaCriminal Police DirectorateService for Combating Organized Crime Case Study Simultaneously with the arrest of legal counselor, on the basis of Investigative Judge order, police has made a search of the Judge’s office in Commerce Court and the Judges were arrested, interviewed and detained for 48 hours.

  22. Ministry of Interior Republic of SerbiaCriminal Police DirectorateService for Combating Organized Crime EPILOGUE On the proposal of the Republic Prosecutor, Chamber for Mandates and Immunity in the Republic Parliament,terminated immunityto judges of Commerce Court. MoI submitted criminal charge against acting judge for existence of reasonable suspicion that judge committed a crime of bribe accepting, and against one more judge, legal counselor and lawyer for assistance to acting judge in crime committing.

  23. Ministry of Interior Republic of SerbiaCriminal Police DirectorateService for Combating Organized Crime EPILOGUE After conducted police investigation, District Public Prosecutor raised an indictment in this case. TRIAL PENDING

  24. Ministry of Interior Republic of SerbiaCriminal Police DirectorateService for Combating Organized Crime THANK YOU FOR YOUR ATTENTION! Blagoevgrad, February 2013

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