Krpacovo, 21-22 April 2008Prosecutors' Workshop Anti-corruption legal and institutional frameworks in Bulgaria, Moldova, Romania, in Bulgaria, Moldova,

Krpacovo, 21-22 April 200Krpacovo, 21-22 April 20088

Prosecutors' WorkshopProsecutors' Workshop

Anti-corruption legal and Anti-corruption legal and institutional frameworksinstitutional frameworks

in Bulgaria, Moldova, Romania,in Bulgaria, Moldova, Romania,

Russia and UkraineRussia and Ukraine Francesco Checchi, UNDP BRC



International legal instrumentsInternational legal instrumentsand monitoring mechanismsand monitoring mechanisms

UN Convention Against Corruption (ratified by Bulgaria, UN Convention Against Corruption (ratified by Bulgaria, Moldova, Romania, Russia, Ukraine) Moldova, Romania, Russia, Ukraine)

CoE Criminal Law Against Corruption: ratified by all except CoE Criminal Law Against Corruption: ratified by all except UkraineUkraine

CoE Civil Law Against Corruption: ratified by all except CoE Civil Law Against Corruption: ratified by all except Russia Russia

OECD Conv. Against Bribery of Public Foreign Officials (only OECD Conv. Against Bribery of Public Foreign Officials (only Bulgaria) Bulgaria)

GRECO (Group of states Against Corruption) GRECO (Group of states Against Corruption)

OECD Istanbul Action Plan (Ukraine - Moldova)OECD Istanbul Action Plan (Ukraine - Moldova)



Anti-Corruption Legal FrameworkAnti-Corruption Legal Framework

The UN Convention Against Corruption The UN Convention Against Corruption - Substantive criminal law - Substantive criminal law requirements - requirements -

Mandatory offencesMandatory offences (Minimum standards)(Minimum standards)

Bribery (active – passive) of national public officials (Art.15)Bribery (active – passive) of national public officials (Art.15) Active Bribery of foreign public officials & officials of public int’l Active Bribery of foreign public officials & officials of public int’l

organizations (16) organizations (16) Embezzlement, misappropriation or other diversion of property by Embezzlement, misappropriation or other diversion of property by

public officials (17)public officials (17) Money laundering (23)Money laundering (23) Obstruction of justice (25)Obstruction of justice (25) Liability of legal persons (26)Liability of legal persons (26) Participation, Attempt (27)Participation, Attempt (27)



UNCAC UNCAC - Substantive criminal law requirements- Substantive criminal law requirements

Non mandatory offencesNon mandatory offences

Passive Bribery of foreign public officials & officials of public int’l Passive Bribery of foreign public officials & officials of public int’l organizations (16) organizations (16)

Trading in influence (18)Trading in influence (18) Abuse of functions (19)Abuse of functions (19) Illicit enrichment (20)Illicit enrichment (20) Private Sector bribery (21)Private Sector bribery (21) Private sector embezzlement (22)Private sector embezzlement (22) Concealment (24)Concealment (24)



UNCAC UNCAC - Necessary measures and procedures for effective law - Necessary measures and procedures for effective law enforcement against corruptionenforcement against corruption

Law enforcementLaw enforcement

Knowledge, intent, purposes (28) Knowledge, intent, purposes (28) (inferred from factual circumstances)(inferred from factual circumstances) Statute of limitations (29) Statute of limitations (29) (longer)(longer) Prosecution, adjudication, sanctions (30) Prosecution, adjudication, sanctions (30) (immunity –jurisdictional (immunity –jurisdictional

privileges)privileges) (discretionary legal powers – presence of the defendant – removal of public (discretionary legal powers – presence of the defendant – removal of public

official… official… Freezing, seizure, confiscation (31)Freezing, seizure, confiscation (31) Protection of witnesses, experts, victims (32)Protection of witnesses, experts, victims (32) Protection of Reporting persons (33)Protection of Reporting persons (33) Consequences (34)Consequences (34) Compensation (35) Compensation (35) (for those who have suffered damage)(for those who have suffered damage) Specialized authoritiesSpecialized authorities (36) (36) (Body or bodies or person)(Body or bodies or person) Cooperation with law enforcement officials (37)Cooperation with law enforcement officials (37) Cooperation between national authorities (38)Cooperation between national authorities (38) Coop. between national authorities and private sector (39)Coop. between national authorities and private sector (39) Bank secrecy (40)Bank secrecy (40) Criminal record (41)Criminal record (41) Jurisdiction (42)Jurisdiction (42) Implementation of convention (65)Implementation of convention (65)



Criminalization of corruption. Criminalization of corruption. Bulgaria Bulgaria

Criminal code: Criminal code:

Section IV. Bribery Section IV. Bribery Shall be punished:Shall be punished: An official who accepts An official who accepts a present or any other property benefit a present or any other property benefit

whatsoeverwhatsoever, which is not due, in order to perform or not an act on , which is not due, in order to perform or not an act on business or because he has he has or has not performed such an business or because he has he has or has not performed such an activity activity (Compare to Art 15 UNCAC)(Compare to Art 15 UNCAC)

Shall be punished:Shall be punished: […] Who gives a […] Who gives a present or any other property benefitpresent or any other property benefit whatsoever whatsoever

to an official (to an official (also foreign officialalso foreign official) in order to fulfill or not an activity ) in order to fulfill or not an activity related to his office, or because he has fulfilled or not such activity, related to his office, or because he has fulfilled or not such activity, shall be punished by imprisonment of up to six years. shall be punished by imprisonment of up to six years. (Compare to (Compare to Art 15 UNCAC)Art 15 UNCAC)



BulgariaBulgaria, Criminal code, Criminal code

Who Who promises or proposes a bribepromises or proposes a bribe … … An official who An official who requests or agrees to receiverequests or agrees to receive a bribe … a bribe … The punishments […] shall also be imposed on an The punishments […] shall also be imposed on an expert, expert,

appointed by a court, establishment, enterprise or organisationappointed by a court, establishment, enterprise or organisation,,……

Who Who mediates the giving or receiving of a bribemediates the giving or receiving of a bribe…… Who intentionally Who intentionally creates circumstancescreates circumstances or conditions in order to or conditions in order to

provoke offering, giving or receiving of a bribeprovoke offering, giving or receiving of a bribe

Not punishedNot punished shall be those who has given a bribe: shall be those who has given a bribe: a) if he has been blackmailed by the official or by the expert to a) if he has been blackmailed by the official or by the expert to

do that ordo that or b) if he has informed the authorities voluntarily.b) if he has informed the authorities voluntarily.



Moldova, criminal code Moldova, criminal code

Various corrupted practices are addressed by the criminal code. Various corrupted practices are addressed by the criminal code. Punishments particularly heavy. Punishments particularly heavy.

Issue of corruption is addressed through several articles:Issue of corruption is addressed through several articles: Article 324. Passive Corruption […] Article 324. Passive Corruption […] alsoalso for the purpose for the purpose to to

obtain distinctions, functions, opened markets or other favorable obtain distinctions, functions, opened markets or other favorable decision by an authoritydecision by an authority

Article 325. Active corruptionArticle 325. Active corruption

Article 256. Article 256. Receiving of illicit remunerationReceiving of illicit remuneration from citizens from citizens for the performance of works related to providing for the performance of works related to providing services services to peopleto people Receiving by an worker of an enterprise, institution or Receiving by an worker of an enterprise, institution or organization who is not an official person, by extortion, of an illicit organization who is not an official person, by extortion, of an illicit payment from a citizen for the performance of works, for providing payment from a citizen for the performance of works, for providing services in services in the area of trade, public nutrition, social services, public the area of trade, public nutrition, social services, public utility, medical services, transportation or other public servicesutility, medical services, transportation or other public services, , included in the range of official duties of the worker in questionincluded in the range of official duties of the worker in question



Moldova, criminal codeMoldova, criminal code Article 326. Article 326. Trading of influenceTrading of influence Receiving or extorting money, securities, other goods or advantages with a Receiving or extorting money, securities, other goods or advantages with a

real estate character, accepting services or promises for goods and real estate character, accepting services or promises for goods and advantages, personally or through intermediary for him or for other person, advantages, personally or through intermediary for him or for other person, committed with intention by a person who have the influence or who support committed with intention by a person who have the influence or who support to have such an influence on a public servant, for the purpose of making the to have such an influence on a public servant, for the purpose of making the public servant to carry out or to fail to carry out actions regarding his public servant to carry out or to fail to carry out actions regarding his professional duties, not taking into consideration if these actions were professional duties, not taking into consideration if these actions were committed or not…committed or not…

Article 327. Article 327. The abuse of powerThe abuse of power or of an official position or of an official position The deliberate use by an official of his official position contrary to the The deliberate use by an official of his official position contrary to the

requirements of duty, committed for a personal or other low-down interest, requirements of duty, committed for a personal or other low-down interest, resulting in substantial harm to the public interests …..resulting in substantial harm to the public interests …..

Article 329. Article 329. Professional NegligenceProfessional Negligence The failure of an official to perform his duties or inadequate performance of The failure of an official to perform his duties or inadequate performance of

his duties as a result of negligent or not conscientious attitude towards the his duties as a result of negligent or not conscientious attitude towards the duties in question, if resulted in damages on a large scale either to the state duties in question, if resulted in damages on a large scale either to the state or public interests or to the rights or interests of the citizens, which are or public interests or to the rights or interests of the citizens, which are protected by law….protected by law….



Moldova, criminal codeMoldova, criminal code Article 330. Article 330. Receiving of illicit reward by a civil servantReceiving of illicit reward by a civil servant (1) Receiving of an illegitimate reward from citizens for (1) Receiving of an illegitimate reward from citizens for

performing any actions or providing services, which are in the performing any actions or providing services, which are in the limits of his duties, blimits of his duties, by a servant of the public authorities, other y a servant of the public authorities, other institutions, enterprises and state organizations, who is not an institutions, enterprises and state organizations, who is not an official….. official…..

The action of The action of taking and giving a bribetaking and giving a bribe are identified as are identified as criminal offences in the Chapter XVI (criminal offences in the Chapter XVI (crimes against services crimes against services interest of the commercial, public and non governmental interest of the commercial, public and non governmental organizationorganization) – not against individuals. ) – not against individuals.

Article 243. Article 243. Money launderingMoney laundering (1) Performing legal operations with money or other goods, (1) Performing legal operations with money or other goods,

knowingly obtained illegally shall be punished by a fine […]or by knowingly obtained illegally shall be punished by a fine […]or by jail sentence of up to 5 years… jail sentence of up to 5 years… (ref. art. 23 UNCAC)(ref. art. 23 UNCAC)



Romania, criminal codeRomania, criminal code

Art. 254 Criminalization of corruption: bribe taking…. Art. 254 Criminalization of corruption: bribe taking…. is punished by 3-12 years imprisonment and interdiction of is punished by 3-12 years imprisonment and interdiction of certain rights.certain rights.

Art 255. bribe givingArt 255. bribe giving:… the briber is :… the briber is not punished if he not punished if he informs the authorities of his deed before the investigation informs the authorities of his deed before the investigation authority is announced of the crime.authority is announced of the crime.

Art. 215 EmbezzlementArt. 215 Embezzlement Appropriation, use or traffic, by a Appropriation, use or traffic, by a functionaryfunctionary, in his own , in his own

interest or in another person’s interest, of money, values or interest or in another person’s interest, of money, values or other goods that he/she administrates or manages, shall be other goods that he/she administrates or manages, shall be punished with imprisonment between 1 year and 15 years. punished with imprisonment between 1 year and 15 years. (art 15 UNCAC mandatory)(art 15 UNCAC mandatory)



Romania, Law 78 of May 8th, 2000 on Romania, Law 78 of May 8th, 2000 on preventing, discovering and sanctioning of preventing, discovering and sanctioning of corruption actscorruption acts

Offences assimilated to corruption offencesOffences assimilated to corruption offences the the establishing, deliberately, of a diminished value, compared to the establishing, deliberately, of a diminished value, compared to the

real market valuereal market value, of the goods belonging to the economic agents in , of the goods belonging to the economic agents in which the state or an authority of the local public administration is a which the state or an authority of the local public administration is a shareholder, shareholder, committed during the privatization activity, the committed during the privatization activity, the enforcement of a judicial decision or the judiciary reorganization or enforcement of a judicial decision or the judiciary reorganization or liquidation of an economic agent or with the occasion of a commercial liquidation of an economic agent or with the occasion of a commercial transactiontransaction, or (, or (establishing… of a diminished value)establishing… of a diminished value) of the goods of the goods belonging to public authorities or public institutions, committed during a belonging to public authorities or public institutions, committed during a procedure of selling these goods, or during the enforcement of a judicial procedure of selling these goods, or during the enforcement of a judicial decision, committed by the persons holding such attributions as decision, committed by the persons holding such attributions as management, administration, enforcement of judicial decisions or management, administration, enforcement of judicial decisions or judiciary reorganization or liquidation of an economic agent;judiciary reorganization or liquidation of an economic agent;

the granting of subsidiesthe granting of subsidies by infringing the law provisions, the non- by infringing the law provisions, the non-following up, according to the law provisions, of the destinations given to following up, according to the law provisions, of the destinations given to the subsidies;the subsidies;

the use of the subsidiesthe use of the subsidies for other purposes than those for which they for other purposes than those for which they had been granted, as well as the use of the credits that were warranted had been granted, as well as the use of the credits that were warranted with public funds or that should be reimbursed out of public funds.with public funds or that should be reimbursed out of public funds.



Russia, Criminal codeRussia, Criminal code Article 290. Bribe-takingArticle 290. Bribe-taking […] up to five years, with deprivation to hold specified offices or to […] up to five years, with deprivation to hold specified offices or to

engage in specified activities for a term of up to three years.engage in specified activities for a term of up to three years.

Article 291. Bribe-givingArticle 291. Bribe-giving

Article 285. Abuse of Official PowersArticle 285. Abuse of Official Powers Use by an official of his powers, contrary to the interests of the Use by an official of his powers, contrary to the interests of the

civil service, if this deed has been committed out of mercenary or civil service, if this deed has been committed out of mercenary or any other personal interests and has involved a substantial any other personal interests and has involved a substantial violation of the rights and lawful interests of individuals or violation of the rights and lawful interests of individuals or organizations, or the legally-protected interests of the society or organizations, or the legally-protected interests of the society or the State, shall be punishable by a fine in the amount up to 80 the State, shall be punishable by a fine in the amount up to 80 thousand roubles, thousand roubles, or in the amount of the wage or salary, or any or in the amount of the wage or salary, or any other income of the convicted person for a period up to six other income of the convicted person for a period up to six monthsmonths, or , or by disqualification to hold specified offices or to by disqualification to hold specified offices or to engage in specified activitiesengage in specified activities for a term of up to five years, or by for a term of up to five years, or by arrest for a term of four to six months, or by deprivation of liberty arrest for a term of four to six months, or by deprivation of liberty for a term of up to four years.for a term of up to four years.



Russia, Criminal codeRussia, Criminal code

The Laundering of Monetary Funds or Other Property The Laundering of Monetary Funds or Other Property Acquired by a Person as a result of an Offence Acquired by a Person as a result of an Offence Committed by HimCommitted by Him

Making large-scale financial transactions and other deals in Making large-scale financial transactions and other deals in monetary funds or other property acquired by a person as a monetary funds or other property acquired by a person as a result of his having committed an result of his having committed an offence or using these offence or using these monetary funds or other property for the pursuance of monetary funds or other property for the pursuance of business or other economic activitybusiness or other economic activity - -

?? See art 19 UNCAC?? See art 19 UNCAC



Ukraine, Criminal codeUkraine, Criminal code

A369 giving a Bribe A369 giving a Bribe Art 368 taking a bribeArt 368 taking a bribe

A365 Excess of authority or official powers A365 Excess of authority or official powers "Excess of authority or official powers, i.e., the deliberate "Excess of authority or official powers, i.e., the deliberate

commission of acts, by an official, commission of acts, by an official, which obviously exceed which obviously exceed the rights and powers vested in him/herthe rights and powers vested in him/her, where it caused , where it caused any substantial damage to the legally protected rights and any substantial damage to the legally protected rights and interests of individual citizens, or state and public interests, interests of individual citizens, or state and public interests, or interests of legal entities, œ shall be punished […]or interests of legal entities, œ shall be punished […]



Ukraine, Criminal codeUkraine, Criminal code

Abuse of authority or office (Article 364) Abuse of authority or office (Article 364) "Abuse of authority or office, i.e. a deliberate "Abuse of authority or office, i.e. a deliberate use of use of

authority or official position contrary to the official interests authority or official position contrary to the official interests by an official for mercenary motivesby an official for mercenary motives or other personal or other personal benefit or benefit of any third parties, where it caused any benefit or benefit of any third parties, where it caused any substantial damage to legally protected rights, freedoms substantial damage to legally protected rights, freedoms and interests of individual citizens, or state and public and interests of individual citizens, or state and public interests, or interests of legal entities….. interests, or interests of legal entities…..

A 370 provocation of a bribe A 370 provocation of a bribe Provocation of a bribe, Provocation of a bribe, i.e. an intentional creation, by an i.e. an intentional creation, by an

official, of circumstances and conditions that cause the official, of circumstances and conditions that cause the giving or taking of a bribegiving or taking of a bribe, for the purposes of uncovering , for the purposes of uncovering those who gave or took the bribe, shall be punished with the those who gave or took the bribe, shall be punished with the restriction of freedom for a term up to five years or with the restriction of freedom for a term up to five years or with the imprisonment for a term of two to five years. The same act imprisonment for a term of two to five years. The same act committed by a law enforcement official, shall be punished committed by a law enforcement official, shall be punished with the imprisonment for a period of three to seven yearswith the imprisonment for a period of three to seven years



Some observationsSome observations Corruption is generally criminalized when it involves public sector officials. Corruption is generally criminalized when it involves public sector officials.

The Criminal Codes establishes the offences of both active and passive The Criminal Codes establishes the offences of both active and passive bribery, abuse of authority is also punished but specific offences such as bribery, abuse of authority is also punished but specific offences such as embezzlement and trading of influence often are not criminalized. Other embezzlement and trading of influence often are not criminalized. Other issue to be addressed is the liability of legal persons. issue to be addressed is the liability of legal persons.

Some shortages are present for the implementation of the manadatory Some shortages are present for the implementation of the manadatory requirements of the UNCAC. A lot of work still needs to be done for the requirements of the UNCAC. A lot of work still needs to be done for the implementation of the non mandatory offences. implementation of the non mandatory offences.

Criminalization of corruption is present in the criminal codes in very different Criminalization of corruption is present in the criminal codes in very different

ways. Punishments for corruption are also very different. The criminalization ways. Punishments for corruption are also very different. The criminalization of the types of corruption and the introduction of the possibility to punish all of the types of corruption and the introduction of the possibility to punish all the actors involved requires more detailed descriptions. the actors involved requires more detailed descriptions.

In some criminal system the same crime is addressed through several In some criminal system the same crime is addressed through several articles and according to different prospectives but this doesn’t mean that all articles and according to different prospectives but this doesn’t mean that all the elements of the corruption crime have been taken into consideration. the elements of the corruption crime have been taken into consideration.



Anti-corruption specialized law Anti-corruption specialized law enforcement agenciesenforcement agencies

The international standards set by the 1999 Council of Europe’s The international standards set by the 1999 Council of Europe’s Criminal Law Convention and the 2003 United Nations Convention Criminal Law Convention and the 2003 United Nations Convention against Corruption require from all countries to ensure the against Corruption require from all countries to ensure the existence of a body or bodies that, on one hand, establish and existence of a body or bodies that, on one hand, establish and disseminate effective practices aimed at preventing corruption disseminate effective practices aimed at preventing corruption and, on the other hand, combat corruption through law and, on the other hand, combat corruption through law enforcement. enforcement.

In addition, Council of Europe and the United Nations conventions In addition, Council of Europe and the United Nations conventions require measures to ensure that anti-corruption bodies carry out require measures to ensure that anti-corruption bodies carry out their functions effectively, benefit from the necessary their functions effectively, benefit from the necessary independence, adequate training and resources. independence, adequate training and resources.

BulgariaBulgaria: no specialized body, National Service on : no specialized body, National Service on Combating Organized Crime Combating Organized Crime play the most central role in the play the most central role in the fight against corruption.fight against corruption.

Russia:Russia: no specialized body no specialized body Ukraine:Ukraine: no specialized body no specialized body




MoldovaMoldova: Center for Combating Economic Crimes and : Center for Combating Economic Crimes and Corruption (CCECC),Corruption (CCECC), is a specialized institution aimed at combating is a specialized institution aimed at combating economic crimes and corruption. CCECC has a complex system of economic crimes and corruption. CCECC has a complex system of detecting these crimes including gathering and elaboration of detecting these crimes including gathering and elaboration of operative information, carrying out inspections, initiation of criminal operative information, carrying out inspections, initiation of criminal cases etc. cases etc.

The Centre was created by merging of following units: The Centre was created by merging of following units: Department of Financial-Economic Police, Department of Financial-Economic Police, Anti-corruption Department of the Ministry of Interior, Anti-corruption Department of the Ministry of Interior, Financial Guard and the Department of Financial Control and Financial Guard and the Department of Financial Control and

Inspection of the Ministry of Finance.Inspection of the Ministry of Finance.

Purpose: optimizing the structure of public administration, diminishing Purpose: optimizing the structure of public administration, diminishing the number of involved departments and controlling bodies. The the number of involved departments and controlling bodies. The CCECC assumed the function of prevention and combating corruption CCECC assumed the function of prevention and combating corruption and economic crime, thus decreasing previously over-inflated amount and economic crime, thus decreasing previously over-inflated amount of checks and control for economic agents.of checks and control for economic agents.



MoldovaMoldova: Center for Combating : Center for Combating Economic Crimes and Corruption Economic Crimes and Corruption (CCECC)(CCECC)

Tasks:Tasks:

Prevention, detection, investigation and sanctioning of Prevention, detection, investigation and sanctioning of financial economic and tax crimes;financial economic and tax crimes;

Actions against corruption and nepotism;Actions against corruption and nepotism; Actions against money laundry and legalizing of Actions against money laundry and legalizing of

material assets acquired illegally.material assets acquired illegally.




Romania: National Anti-corruption directorate Romania: National Anti-corruption directorate (NAD) (NAD)

The NAD is a structure with legal personality, within The NAD is a structure with legal personality, within the framework of the Prosecutor’s Office attached to the framework of the Prosecutor’s Office attached to the High Court of Cassation and Justice (GPO).the High Court of Cassation and Justice (GPO).

Independence: Independence: The NAD is independent in its The NAD is independent in its relationship with the courts of justice and the relationship with the courts of justice and the prosecutor’s offices attached to these, as well as in its prosecutor’s offices attached to these, as well as in its relationship with the other public authorities.relationship with the other public authorities.



National Anti-corruption directorateNational Anti-corruption directorate ((NAD)NAD)

The attributions:The attributions: carrying out criminal investigations carrying out criminal investigations according to the Criminal Procedural Code and relative according to the Criminal Procedural Code and relative legislation legislation

(The offences provided in the Law no.78/2000 for (The offences provided in the Law no.78/2000 for preventing, discovering and sanctioning corruption deeds, preventing, discovering and sanctioning corruption deeds, fall under the competence of the NAD, when fall under the competence of the NAD, when

(a) offences caused a material damage greater than the (a) offences caused a material damage greater than the equivalent to equivalent to 200, 000 EUROS200, 000 EUROS, or a , or a particularly serious particularly serious perturbation was brought to the activity of a public perturbation was brought to the activity of a public authorityauthority, public institution or any other legal person…., public institution or any other legal person….

b) these offences are committed by deputies, senators, b) these offences are committed by deputies, senators, Government’s members, state secretaries, the counselors Government’s members, state secretaries, the counselors of the ministers…etcof the ministers…etc



NADNAD

Procedural provision: Procedural provision: The services and structures specialized in The services and structures specialized in collecting and processing informationcollecting and processing information shall have the obligation to shall have the obligation to immediately put at the disposal of the National Anticorruption immediately put at the disposal of the National Anticorruption Directorate the data and information they hold in connection with Directorate the data and information they hold in connection with the commission of corruption offences.the commission of corruption offences.

The National Anticorruption Directorate is authorized The National Anticorruption Directorate is authorized to have and to to have and to use adequate means to obtain, verify, process and store the use adequate means to obtain, verify, process and store the information regarding the corruption offencesinformation regarding the corruption offences … …

Investigative means:Investigative means: the following measures can be disposed, in the following measures can be disposed, in order to collect evidence and to identify the perpetrator: order to collect evidence and to identify the perpetrator:

a) the surveillance of the bank accounts and the accounts a) the surveillance of the bank accounts and the accounts assimilated to these;assimilated to these;

b) the surveillance or interception of the communications;b) the surveillance or interception of the communications; c) the access to the IT systems.c) the access to the IT systems. …….for a duration of maximum 30 days. .for a duration of maximum 30 days. The banking secret and the professional oneThe banking secret and the professional one, except for the , except for the

lawyer’s professional secret, shall not be opposable for the lawyer’s professional secret, shall not be opposable for the prosecutorsprosecutors



NADNAD

Funding: Funding: Financing the current and capital expenses of the Financing the current and capital expenses of the National Anticorruption Directorate is ensured from the state National Anticorruption Directorate is ensured from the state budget.budget.

Staff: Staff: is formed of is formed of prosecutorsprosecutors, , judicial police officersjudicial police officers and and agentsagents, , expertsexperts in the economic, financial, banking, customs, IT in the economic, financial, banking, customs, IT field and also in other fields, field and also in other fields, special auxiliary personnel,special auxiliary personnel, as well as well as economic and administrative personnel… as economic and administrative personnel… Judicial police Judicial police officersofficers work within NAD with the purpose of carrying out with work within NAD with the purpose of carrying out with celerity the activities of discovering and investigating the corruption celerity the activities of discovering and investigating the corruption offences. offences. ExpertsExperts of high qualification in the economic, financial, of high qualification in the economic, financial, banking, customs, IT fields, as well as in other fields, are appointed banking, customs, IT fields, as well as in other fields, are appointed within the framework of the NAD within the framework of the NAD

International Cooperation: International Cooperation: With a view to a mutual consultation With a view to a mutual consultation regarding the offences under the competence of the National regarding the offences under the competence of the National Anticorruption Directorate and to a data and information exchange Anticorruption Directorate and to a data and information exchange regarding the investigation and prosecution of such offencesregarding the investigation and prosecution of such offences, a , a liaison office with similar institutions from other states is set up.liaison office with similar institutions from other states is set up.

Documents

Krpacovo, 21-22 April 2008Prosecutors' Workshop Anti-corruption legal and institutional frameworks in Bulgaria, Moldova, Romania, in Bulgaria, Moldova,