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|Parliamentary Assembly - Anti-corruption platform|
|Council of Europe - Action against economic crime|
First evaluation round (2000-2002)
Adopted at the 3rd meeting
I : Global framework for the fight against corruption (legislation,
institutions, mechanisms, prevention)
NB : In their replies to this part of the
questionnaire, the States are invited to indicate the draft reforms
regarding the themes concerned which are currently being examined by
their legislative authorities.
Please describe the characteristic features of the corruption phenomenon
in your country, indicating notably its extent, its most common forms
and the functions of those persons involved. defined
Please describe your country’s policy with regard to the means put in
place to fight corruption, indicating the principal components of this
policy and the priorities defined within its framework.
Is there reason to believe that there is a connection between corruption
and organised crime in your country?
OFFENCES AND SANCTIONS
questions 2.1. to 2.7., please specify for each of the offences the
sanctions foreseen and the rules regarding limitation. Please also
supply the text of the relevant legal provisions in your language and
with a translation into English or French. Concerning offences, please
also specify, for each of them, the sanctions foreseen and the rules
2.1. Please describe
the various offences under which corruption may be sanctioned in your
country (notably, active and passive bribery of domestic and foreign
public officials, bribery of members of domestic and foreign public
assemblies, active and passive bribery in the private sector, bribery of
officials of international organisations, bribery of members of
international parliamentary assemblies, bribery of judges,
officials of international courts and trading in influence).
corruption, as envisaged in question 2.1., is committed in an organised
manner (for example, in a systematic and long-term manner, notably as
the result of a conspiracy or through a network), is it punished as a
separate offence, an aggravating circumstance or through other
2.3. Are the following facts criminal or
administrative offences in your country: creating or using an invoice or
any other accounting document or record containing false or incomplete
information, or unlawfully omitting to make a record of a payment in
order to commit, conceal or disguise the offences of corruption?
2.4. Has money laundering been established in
your country as a separate criminal offence different from the receiving
of stolen goods? If so, please describe the elements of this offence and
indicate notably if corruption, as envisaged in question 2.1., is a
predicate offence for money laundering purposes.
2.5. Are the establishment, the management and
participation in a criminal organisation established as criminal
offences in your country? Are such actions punished by other
means, for example through conspiracy? Please indicate the
criteria used to determine the existence of a criminal organisation (for
example : permanence of the organisation, number of persons
involved, degree of hierarchy).
2.6. Please indicate whether legal persons can
be held responsible for offences of corruption, as envisaged in question
2.1, and money-laundering related corruption? Please indicate the
conditions for the implementation of this form of liability and notably
if it is a criminal or another form of liability. To what extent
can legal persons be held responsible for offences of corruption and
laundering of the proceeds from corruption committed abroad?
2.7. Please specify the rules applicable to
determine whether your country's judicial authorities have territorial
jurisdiction over a corruption case. Does the legislation of your
country criminalise corruption committed abroad by nationals or even by
foreigners? If so, please indicate the criteria used.
PROCEDURE AND ORGANISATION
Please describe briefly, the organisation, the role and the powers of
the various institutions involved in the prevention, detection and
repression of corruption at a national and at decentralised level.
Is your national criminal system based on the principle of discretionary
prosecution or the principle of mandatory prosecution or a mixed system?
Please describe your national system. What control mechanisms have been
established to ensure that prosecution is not discontinued as a result
of undue pressure or undue considerations? Are there other possibilities
(actio popularis, actions brought by victims, by taxpayers) that can be
used in corruption cases?
questions on this topic: please see Part II.
4.1 If your
country has signed but not yet ratified the Council of Europe’s
Criminal and Civil Law Conventions on Corruption, please indicate for
each of them if specific difficulties prevent their ratification and, if
possible, indicate the date foreseen for their ratification. If
these conventions have not been signed, please indicate the reasons for
this and the date foreseen for their signature and ratification
Please indicate the multilateral and bilateral agreements, other than
those concluded within the Council of Europe, signed and/or ratified by
your country allowing for judicial and/or police co-operation notably
with respect to corruption cases. If possible include a copy of such
If no treaties are applicable or applied, does your national legislation
provide for the possibility of giving effect to requests for mutual
legal assistance in criminal matters? Does your national legislation
enable the making of legal assistance requests in criminal matters?
Please explain the legislative and other provisions concerned and
specify notably the conditions under which your country would be able to
give effect to mutual legal assistance requests.
Please indicate specific factors (material, legal, political or others)
which prevent or hinder mutual legal assistance in corruption cases.
Please provide available statistics on mutual legal assistance in
corruption matters, for the last five years.
Does your country allow for extradition of nationals in corruption
cases? If not, under which conditions do the competent authorities of
your country prosecute them?
PREVENTIVE AND OTHER MEASURES
Has your country adopted statutory rules, codes of conduct or similar
instruments governing the behaviour of elected representatives and/or
public officials, including measures aimed at preventing undue influence
from being exercised on them? If yes, please attach, if possible, a
summary and a translation into French or English of the most significant
provisions dealing with prevention of corruption. Please indicate
whether procedures have been established for ensuring respect of such
statutory rules, codes of conduct or similar instruments and whether a
body has been established with effective powers to impose sanctions,
disciplinary measures or other measures.
Has your country adopted statutory rules, codes of conduct or similar
instruments that members of professions especially exposed to corruption
(e.g. lawyers, accountants) must observe?
What mechanisms are in place in your country to prevent the unlawful use
of public finances?
Apart from taxation requirements, are there rules in your country
imposing upon elected representatives and/or public officials the
obligation to declare their assets or income? If yes, when?
Are there other forms of control?se forms of control mandatory or
Are there special rules ensuring transparency and equality in the
tendering of public contracts? Is there an appeal procedure?
Please describe them briefly.
What actions can victims of corruption bring in order to obtain
compensation? If the contents of a contract have been influenced by
corruption, for instance by the payment of a bribe, is it possible to
annul the contract? If so, specify the procedure to be followed and
notably who is empowered to file a claim for the voiding of the
Is the financing of political parties regulated? If so, please describe
the applicable regulations.
In the light of your reply to question 2.4, please outline the main
measures, which have been introduced in your country, to prevent and
detect money laundering (e.g. customer identification, identification of
beneficial owners of accounts, mechanisms for reporting suspicious
Does the legislation of your country allow for the tax deductibility of
commissions paid in order to commit an act of corruption within the
meaning of the Criminal Convention?
Please describe the other measures which could be applied in your
country to prevent, deter, detect and sanction corruption (for example,
provisions in administrative law, or unfair competition law).
How is public awareness about the threat that corruption represents for
society as a whole developed in your country (are there programmes to
promote ethical values in public life)?
Please describe briefly the means available to citizens and the media to
have access to information held by local and state authorities, as well
as the conditions and restrictions applied to such access (including, if
you so wish, regarding confidential information and official secrets).
Part II : Specific questions relating to the functioning of the bodies and institutions in charge of the fight against corruption, on the basis of guiding principles No 3, 6 and 7 of Recommendation (97) 24
GUIDING PRINCIPLES 3 AND 7
autonomy and powers of persons or bodies in charge of preventing,
investigating, prosecuting, and adjudicating corruption offences.
means and training of persons or bodies in charge of fighting corruption
"to ensure that those in charge of the prevention, investigation,
prosecution and adjudication of corruption offences enjoy the
independence and autonomy appropriate to their functions, are free from
improper influence and have effective means for gathering evidence,
protecting the persons who help the authorities in combating corruption
and preserving the confidentiality of investigations";
promote the specialisation of persons or bodies in charge of fighting
corruption and to provide them with appropriate means and training to
perform their tasks";
there specific bodies specialised in the fight against corruption in
your country? If so, please specify when these institutions were
created, their legal basis, their composition, and functions and/or
powers. If such institutions do not exist, please indicate why.
Are there special departments, services, units or persons within the
police, the prosecution service, the judiciary or other State
authorities (e.g. intelligence services) which have been assigned
specific functions and/or powers in the prevention, control,
investigation and enforcement of measures to combat corruption? If so,
please indicate since when such departments, services units or persons
are in place and describe their organisation and powers.
Are there special units, inspection bodies or persons responsible for
preventing and investigating internal corruption cases in selected
branches of public administration (for instance, within the
law-enforcement bodies or other government institutions)? If so, please
specify when they were established, their organisation and their powers.
Are public officials required to inform these units, inspection bodies
or persons of corruption cases that come to their knowledge while
performing their functions ?
Are public officials required to inform their superiors of corruption
cases that come to their knowledge while performing their functions?
Describe the measures taken by your country to provide the institutions
referred to in questions 1.1, 1.2 and 1.3 with appropriate means to
perform their tasks.
What specific knowledge and experience is required from the different
categories of officials performing their duties within the bodies
referred to in questions 1.1, 1.2 and 1.3? How is it ensured that the
multidisciplinary expertise necessary to fight corruption is available
(expertise in the legal, auditing, financial fields) to these bodies?
What special training is provided for officials involved in the
prevention, control, investigation and enforcement of measures to combat
corruption? What mechanisms are in place to evaluate the effectiveness
of the training?
Are officials or employees of public sector bodies other than those
referred to in questions 1.1, 1.2 and 1.3, or of private sector bodies
exercising public functions, under an obligation to report to
law-enforcement or judicial authorities (prosecutor, police, judge),
possible cases of corruption that come to their knowledge while
performing their functions? Are public institutions required to meet the
How do the institutions referred to in questions 1.1, 1.2 and 1.3
co-operate with each other? How do they co-operate with other public
bodies? Is there an authority responsible for co-ordinating their
In the absence of specialised institutions or services, have specific
rules been developed between the police and the prosecution services or
investigating judges when dealing with corruption cases?
Do specialised services in the fight against corruption co-operate with
those fighting organised crime? If yes, please indicate how.
What measures are in place to ensure that persons or bodies in charge of
preventing, investigating, prosecuting, and adjudicating corruption
offences enjoy the necessary independence and autonomy to perform their
functions; notably in order to avoid undue pressure from superiors or
the political power? Are there safeguards for officials reporting such
pressure to their superior, to the police, to the prosecutor, to other
authorities or to the public?
your country adopted rules applicable to officials employed in the
services, units and bodies referred to in questions 1.1 to 1.3 above in
order to avoid conflicts of interests? If so, please explain them.
explain the rules applicable in your country to the confidentiality of
investigations (notably, relations between the investigators and the
defence lawyers or lawyers of parties claiming damages regarding access
to the file, disclosure or transmission of elements from the file, need
of a judicial authorisation, applicable sanctions; relations between the
investigators and the public; restrictions imposed to the press –e.g.
prohibition to publish certain procedural documents relating to a
criminal case before it is read in public hearing)?
indicate which special investigative techniques
can be used in your country in cases of corruption. Please explain
what they consist of as well as the legal conditions that may apply to
their use (notably, if they may only be applied to suspects, if they may
only be applied if approved by the court, the period during which they
may be used, etc.).
Does banking secrecy constitute an obstacle for judicial or law
enforcement authorities to gather evidence? Please describe applicable
Are courts or other competent authorities of your country authorised to
order communication, disclosure or seizure of banking, financial or
trading files in order to gather evidence in the framework of
investigations on corruption cases? Please describe the applicable
provisions. Are there difficulties to apply them in practice?
(a) Has your
country taken measures to protect vulnerable targets in the framework of
cases of corruption (protection of victims, of collaborators of justice,
of witnesses, judges and prosecutors)? Please describe how this
protection is ensured. Is protection based on a specific legal
text? How is the notion of intimidation defined? Are acts of
intimidation punishable under a separate legal offence? Through which
other offences can these acts be punished? Are protective measures taken
before, during and following the proceedings? Which protective measures
are used? Are individuals who are closely related or connected to the
person directly concerned (victim, witness, collaborator of justice,
etc) also protected?
Has your country established a witness protection programme? Can
this be used in corruption cases? If so, please outline how the
admission procedure is organised. What are the essential criteria
for admission of a witness to the protection programme. What
measures are the most frequently taken (for example: physical
protection, change of residence, monthly allowance, change of identity)?
(c) Does your country have a
witness protection agency? Please specify the way it is organised,
indicating, notably, the number of people who work there, the way in
which personnel is trained, if it is established at regional level, as
well as mechanisms in place to ensure co-ordination with law enforcement
1.19 Can statements made before the legal authorities during
preliminary hearings be used as evidence in court if the presence of the
witness in court is impossible? Can evidence given during
preliminary hearings be recorded using audio-visual equipment? Is
it possible for anonymous witnesses to give evidence? Please specify the
conditions for accepting anonymity (for example: presence of a serious
threat to the witness, in order to allow the presentation of an
essential testimony for the court case, condemnation based not solely on
the evidence provided by this witness, verification by the judge of
the reliability of the witness)?
1.20 What privileges or arrangements can be proposed to
suspects or to sentenced persons who agree to co-operate with the police
and the judiciary in corruption cases (e.g. plea bargaining, reduced
sentences, special protection)?
specify the draft reforms, regarding the themes dealt with in this part
of the questionnaire, which are currently being examined by the
GUIDING PRINCIPLE 6
Immunities from investigation, prosecution or adjudication of
limit immunity from investigation, prosecution or adjudication of
corruption offences to the degree necessary in a democratic
the law of your country, do certain persons benefit from specific
immunities allowing them to avoid being charged with offences relating
to corruption? 
If so, please specify the categories of persons concerned and the scope
of the immunity granted.
(c) How and when are these
immunities lifted and what criteria are used?
(a) Does your
country's legislation provide the possibility for some persons, in
corruption cases, to benefit from specific privileges allowing them to
be prosecuted or tried in accordance with a procedure constituting an
exception to general law?
so, please specify the categories of persons concerned and the scope of
the privileges granted
and when are these privileges lifted and what criteria are used?
When there are strong presumptions that a diplomat of your country has
committed acts of corruption in the country in which he benefits from
diplomatic immunity, by virtue of the Vienna Convention, do the
competent authorities of your country lift this immunity?
Please specify the procedure foreseen to this effect, if such a
situation has already arisen and if the immunity was lifted.
(b) When the immunity is not
lifted, can the competent authorities of your country prosecute the
diplomat concerned? Please specify the legal grounds allowing such
also specify for each category of persons concerned why it is justified
to maintain such immunity (with the exception of diplomatic immunity).
2.5 Please specify the draft reforms regarding the themes dealt with in this part of the questionnaire, which are currently being examined by the legislative authorities
 In order to clarify the information submitted in response to this question, please provide any statistics that are available in the fields concerned.
 Members having replied to the Council of Europe questionnaire on the funding of political parties are not required to reply to this question, unless changes have occurred since September 1999
Members having submitted information to the PC-R-EV Committee and
accepting that this information be disclosed to GRECO evaluators, are
not required to answer this question, unless changes have occurred
since the PC-R-EV evaluations.
 The institutions referred to in this question are those dealing exclusively or predominantly with the fight against corruption, with a multidisciplinary character. For instance, a Commission against corruption where representatives of different ministries or departments work together.
 The entities referred to in this question are those that function as separate/specialised branches within a larger authority, police, prosecution services, the courts or others
 The entities referred to in this question are those services or persons dealing with internal inspection and ensuring control over corruption cases that may occur within the law-enforcement or other government authorities .
 Means to perform their tasks refer to legal, financial and material means as well as staff resources.
For example, bugging in private or public premises; telephone tapping;
other interceptions of communications (mail, fax, e-mail); electronic
surveillance; observation; under-cover operations ; controlled
delivery ; "pseudo-purchases" or other
"pseudo-offences"; anonymous informants ; searches ;
cross-border pursuits (including hot pursuits); agent provocateurs
 This question does not concern diplomatic immunity