NATIONAL EXPERIENCE IN INVESTIGATING CORRUPTION - DENMARK BEYOND REASONABLE DOUBT

 The right organization  The right procedure handling a case and  sufficient rules – both criminalizing the act and rules helping us to get the necessary information. NATIONAL EXPERIENCE IN INVESTIGATING CORRUPTION - DENMARK

NATIONAL EXPERIENCE IN INVESTIGATING CORRUPTION – DENMARK INITIAL PHASE Investigators :  Reception/selection/initia- tive case  Initial considerations eg. Special investigative tech- niques  General time frame Prosecutors :  Deliberations regarding conditions for prosecu- tion, subsumption, time- barring, legal tenability, other legal questions  General time frame

NATIONAL EXPERIENCE IN INVESTIGATING CORRUPTION - DENMARK Investigators :  Drawing board charges  Criminal procedural measures  Search, seizure, arrest, remand in custody  Choice of technological level Prosecutors :  Draft of indictment  Lifting of immunity  Court Orders  Deliberations regarding form of presentation in Court

NATIONAL EXPERIENCE IN INVESTIGATING CORRUPTION – DENMARK INVESTIGATIVE PHASE Investigators :  Training ?  Data collection (open sources)  Supplementary questioning of complainants/victims Prosecutors :  Training ?

NATIONAL EXPERIENCE IN INVESTIGATING CORRUPTION - DENMARK Investigators :  Supplementary criminal procedural measures  Investigative focus  Investigations abroad ?  Eurojust  JIT Prosecutors :  Supplementary criminal procedural measures  Investigative focus  Letters of request  Eurojust  JIT

NATIONAL EXPERIENCE IN INVESTIGATING CORRUPTION - DENMARK Investigators :  Interrogation themes (the accused/witnesses)  Auditing ?  Interviewing witnesses  Interrogating the accused  Pruning ? Prosecutors :  Interrogation themes (the accused/witnesses)  Auditing theme  Pruning ?

NATIONAL EXPERIENCE IN INVESTIGATING CORRUPTION – DENMARK CONCLUDING THE INVESTIGATION Investigators :  Supplementary investi- gation (requests by the defence team ?)  Case summary  Outline of documents Prosecutors :  Draft of indictment  Presentation to superior authorities, special authorities, etc  Presentation

NATIONAL EXPERIENCE IN INVESTIGATING CORRUPTION - DENMARK Investigators :  Glossary etc. Prosecutors :  Pre-trial court hearings ?  Pruning, waiving prose- cution  Checking legality  Bringing an indictment

NATIONAL EXPERIENCE IN INVESTIGATING CORRUPTION – DENMARK BRINGING THE CASE BEFORE THE COURT Investigators :  Preparing the extract  Visual aids  Possible supplementary investigation Prosecutors :  Preparing the extract  Preliminary court hearing  Indictment  List of evidence  Plan for the trial

NATIONAL EXPERIENCE IN INVESTIGATING CORRUPTION – DENMARK TRIAL (1 ST AND 2 ND COURT INSTANCES) AND AFTERWARDS Investigators :  Supplementary investi- gation  Assistance at court hearings ?  Confirmation of list of items taken into police custody  Filing the case Prosecutors :  Supplementary investi- gation  Court hearings  Notifying/reporting to relevant authorities

UNICEF-case Norwegian Citizen,  5 ½ year imprisonment for  accepting bribes at a value at 5½ million Norwegian Kroner, that is to say about €. NATIONAL EXPERIENCE IN INVESTIGATING CORRUPTION - DENMARK

From an investigative point of view  Lifting of immunity.  Search and seizure  How to investigate.  Where to prosecute.  Inform the perpetrator about the report to the police?? NATIONAL EXPERIENCE IN INVESTIGATING CORRUPTION - DENMARK

BEYOND REASONABLE DOUBT