Laura Codruta Kovesi PUBLIC MINISTRY - NATIONAL ANTICORRUPTION DIRECTORATE

1. Prerequisites for
Combating High Level Corruption
www.pna.ro
PUBLIC MINISTRY
NATIONAL ANTICORRUPTION DIRECTORATE

2. National Anticorruption Directorate
• structure specialized in combating high
and medium level corruption
• one of the 5 examples of best practices
at the level of the entire European
Union
(the Anticorruption Report of the European Union
published in February 2014)
PUBLIC MINISTRY
NATIONAL ANTICORRUPTION DIRECTORATE
www.pna.ro

3. DNA’s results in 2015
 1,250 indicted defendants for medium
and high level corruption crimes
 83 legal entities indicted
PUBLIC MINISTRY
NATIONAL ANTICORRUPTION DIRECTORATE
www.pna.ro

4. Indicted defendants 2015
 1 Prime Minister
 5 ministers
 16 Deputies and 5 Senators
 97 Mayors and Deputy Mayors
 15 Presidents or Vice-Presidents of County Councils
 32 directors of national companies
PUBLIC MINISTRY
NATIONAL ANTICORRUPTION DIRECTORATE
www.pna.ro

5. Final convicted people 2015
 970 defendants convicted
2 deputies ( one of them being minister)
1 senator
1 minister
11 prosecutors and 8 judges
18 lawyers
231 police officers
69 customs official
 21 legal entities convicted
PUBLIC MINISTRY
NATIONAL ANTICORRUPTION DIRECTORATE
www.pna.ro

6. DNA’s results in 2015
• The Romanian Parliament was requested to
approve the pretrial detention of :
6 Deputies
2 Senators
1 judge of Constitutional Court
• 5 requests for the approval of the criminal
investigation against :
1 prime minister
1 minister
3 former ministers
PUBLIC MINISTRY
NATIONAL ANTICORRUPTION DIRECTORATE
www.pna.ro

7. Requests for lifting of immunity 2013- 2015
• The Romanian Parliament was requested to
approve the pretrial detention of 21 MP’s (17
Deputies and 4 Senators) and 1 judge of
Constitutional Court
• 24 requests for the approval of the criminal
investigation against 1 prime minister, 3
ministers and 14 former ministers
PUBLIC MINISTRY
NATIONAL ANTICORRUPTION DIRECTORATE
www.pna.ro

8. Recovering damages in 2015
• seizure measures : €500 million
• recovering damages as a result of
final conviction decisions : €195
milion
PUBLIC MINISTRY
NATIONAL ANTICORRUPTION DIRECTORATE
www.pna.ro

9. Finality of DNA’s cases in 2015
in 93% of cases DNA obtained
conviction solutions
PUBLIC MINISTRY
NATIONAL ANTICORRUPTION DIRECTORATE
www.pna.ro

10. DNA’s Evaluation
“The track record of the key judicial and
integrity institutions to address high-level
corruption has remained impressive”
(CVM Report, January 2016)
PUBLIC MINISTRY
NATIONAL ANTICORRUPTION DIRECTORATE
www.pna.ro

11. DNA’s Evaluation
DNA enjoys a public trust of 61,2%, the
highest level since the setting up of the
institution
http://www.inscop.ro
PUBLIC MINISTRY
NATIONAL ANTICORRUPTION DIRECTORATE
www.pna.ro

12. National Anticorruption Directorate
How have we reached
these results?
PUBLIC MINISTRY
NATIONAL ANTICORRUPTION DIRECTORATE
www.pna.ro
www.pna.ro

13. Prerequisites for efficiently combating
corruption
• Specialized structure
• Appropriate legislation
• Administrative and managerial measures
PUBLIC MINISTRY
NATIONAL ANTICORRUPTION DIRECTORATE
www.pna.ro

14. DNA’s
ORGANIZATION AND FUNCTIONING
• organizational and functional independence
• financial independence
• complex structure formed of prosecutors,
judicial police officers and agents and highly
specialized experts in fields such as: economy,
finance, banking, customs, IT and others
PUBLIC MINISTRY
NATIONAL ANTICORRUPTION DIRECTORATE
www.pna.ro
www.pna.ro

15. Number of positions in DNA
• 195 positions of prosecutors
• 220 positions of judicial police officers and
agents
• 70 positions of experts
• 100 positions of specialized auxiliary staff
• 96 positions of economic-administrative staff
PUBLIC MINISTRY
NATIONAL ANTICORRUPTION DIRECTORATE
www.pna.ro

16. DNA’s MISSION
Conducting criminal investigations for the offences
provided by the Law no. 78/2000 which are under
DNA’s jurisdiction :
Corruption offences;
Offences assimilated to those of corruption
Offences directly connected to those of
corruption
Offences against the financial interests of the
European Communities
PUBLIC MINISTRY
NATIONAL ANTICORRUPTION DIRECTORATE
www.pna.ro

17. DNA’s JURISDICTION
• Jurisdiction considering the perpetrated
offence
• Jurisdiction considering the perpetrator’s
position
• Exclusive jurisdiction
PUBLIC MINISTRY
NATIONAL ANTICORRUPTION DIRECTORATE
www.pna.ro

18. Jurisdiction considering the perpetrated
offence
 the value of the object of the offence is higher
than the equivalent in lei of €10,000
 a material damage higher than the
equivalent in lei of €200,000
 a material damage higher than the
equivalent in lei of €1,000,000, in the case of bid
rigging in public procurement, abuse of office and
usurpation of function
PUBLIC MINISTRY
NATIONAL ANTICORRUPTION DIRECTORATE
www.pna.ro
www.pna.ro

19. Jurisdiction considering the perpetrator’s position
Regardless of the value of the damage or of the object of the
corruption offence, if the perpetrators are:
 Deputies or Senators;
 Members of the Government;
 State Secretaries;
 Judges, prosecutors or Members of the Superior Council of
Magistracy;
 Officers, Admirals, Generals and Marshals;
 Police officers;
 Presidents and Vice Presidents of County Councils;
 Mayors of Municipalities
 Leaders of local / central public institutions / authorities
PUBLIC MINISTRY
NATIONAL ANTICORRUPTION DIRECTORATE
www.pna.ro
www.pna.ro

20. EXCLUSIVE JURISDICTION
The offences against the financial
interests of the European Communities
PUBLIC MINISTRY
NATIONAL ANTICORRUPTION DIRECTORATE
www.pna.ro
www.pna.ro

21. LEGISLATION
• Guaranteeing the prosecutor’s independence and
stability in his/her position
• The legal obligation to notify DNA :
people with control responsibilities
services and bodies specialized in collecting
and processing data
the prosecutors from the prosecutor’s offices
attached to courts
Failing to observe these obligations leads to judicial
accountability according to the law.
PUBLIC MINISTRY
NATIONAL ANTICORRUPTION DIRECTORATE
www.pna.ro

22. Efficient Legislative Tools
undercover investigators
 surveillance of bank accounts and of the
accounts assimilated to them
surveillance or interception of communications
access to IT systems
elimination of bank secrecy and professional
secrecy when dealing with the criminal
investigation bodies
PUBLIC MINISTRY
NATIONAL ANTICORRUPTION DIRECTORATE
www.pna.ro
www.pna.ro

23. Efficient Legislative Tools
extended confiscation
hearing witnesses with protected identity
non-punishment clauses
clauses of reducing the penalty
plea bargain agreements
admission of guilt and the simplified trial
procedure
PUBLIC MINISTRY
NATIONAL ANTICORRUPTION DIRECTORATE
www.pna.ro

24. ADMINISTRATIVE AND MANAGERIAL
MEASURES
•focusing the activity on complex cases which can
obtain solid results in the court
•prioritizing the activity
•training the prosecutors in different types of
offences
•drawing up guidelines of best practices
•configuring the inter-institutional cooperation
framework
•active participation in the optimization of the
legal framework
PUBLIC MINISTRY
NATIONAL ANTICORRUPTION DIRECTORATE
www.pna.ro

25. ADMINISTRATIVE AND MANAGERIAL
MEASURES
• unifying the judicial practice and identifying the
issues which generate contradictory solutions
• computerizing prosecutor’s offices - LIVE
communications, transfer of information in
electronic format
• accessing various databases
• setting up a virtual library on the Intranet
• consolidating inter-institutional cooperation
• transparent activity
PUBLIC MINISTRY
NATIONAL ANTICORRUPTION DIRECTORATE
www.pna.ro

26. Thank you
for your attention!
PUBLIC MINISTRY
NATIONAL ANTICORRUPTION DIRECTORATE
www.pna.ro