Approach to itinerant groups Danilovgrad, 26 September 2013 Erwin Dernicourt Chief Public Prosecutor

Missions of the Office of the Federal Prosecutor To improve and strengthen the fight on both national and international level To conduct prosecution in several judicial districts or To arrange for the homelands to take over the prosecution

How does the coordination works ? Phase 1: the local prosecutor notifies the file to the federal prosecutor Phase 2: DGJ/DJB (crime police) collects information

How does the coordination works ? Phase 3: meetings for consultation between the magistrates of the local prosecutor’s offices, the examining magistrate if he is already designated, the investigators involved in the case with their head of the service and DGJ/DJB (direction crime police)

How does the coordination works ? Phase 4: decision to coordinate (either punctual or for a longer period) or to federalize Phase 5: follow-up meetings

How does federalization work? Same procedure of notification, collecting information of decision making Reasons for federalization - the extra territorial dimension of the case the importance of the international factors the complexity of the criminal organization Moment of federalization: as soon as possible Number of federalizations: limited for capacity reasons

Analysis of an investigation (first phase) START on the basis of: Positive DNA / fingerprints (the part of the lab!) Person caught in “flagrante delicto” (not often!) Links established following phone tapping (importance of transmission via pylons) AIM: identification of the first suspects PROBLEMS: Competence / position of the local prosecutor’s office An overview of the facts (from the beginning)

Model of summary record a) Place and date of the facts – case reference b) Identity of the suspects c) Details about the initial statement: Caught in “flagrante delicto” ? Theft by house breaking / or simple theft? d) Procedure: identity of the examining magistrate, junction with a federal file (if this is the case) e) Aggravating elements : confessions, phone contacts with other targets, DNA (?), result of the house searches , result of possible bank investigations, hiring of a delivery van on one of the (other) targets, family relations…

Analysis of an investigation (second phase) phone tapping and /or possibilities of observation (special investigation methods) AIM: interception of the first suspects PROBLEMS: the cost capacity (investigation team – joint team) the link between the facts and the district of residence

Analysis of an investigation (second phase) District of the facts: place where the facts were committed / suspect doings are observed most often the authors do not live there District of residence - often big city areas the place serves as operation basis and the authors have their residence there the presence of the supporting criminal structures (the network of receivers)

Analysis of an investigation (third and last phase) THIRD PHASE: - exploitation of the collected evidence (the loot, DNA, …) AIM : to complete the elements of evidence PROBLEMS: need of a strict timing need of a well defined strategy

Analysis of an investigation (third and last phase) Timing: deadline = 6 months after arrest the ever returning question: what about the financial investigation ? Strategy: define the scope of the file fixing priorities: analysis DNA + exploitation of the results house search drawing up separate records for bearing prohibited weapons, false instrument, receiving stolen goods/ money laundering and criminal association

Prior files for the Office of the Federal Prosecutor See definition DGJ/DJB (crime police) Files pointing out the existence of a criminal organization Files presenting links to the network of receivers Files with international branches

Definition of a criminal organization any structured association of more than two persons which is founded in time with a view to perpetrate, on a concerted way, offences punishable with imprisonment of three years or a more sever sanction in order to obtain patrimonial advantages

Definition of a criminal organization Extra requirement for common members using means of intimidation, threat, violence, deceitful manoeuvres or corruption using commercial or other structures to dissimulate or facilitate the commission of the offenses

Analysis of an investigation : solutions for the lack of information (1) International exchange of fingerprints International exchange of information about the real birth places and the family tree

Analysis of an investigation: solutions for the lack of information (2) International exchange of information about the international travelling / moving of those families International exchange of information about the money-transfers and assets of these families