corruption in judiciary kregar josip economy & democracy dubrovnik 9/25/2002
TRANSCRIPT
Corruption in Judiciary
Kregar Josip
Economy & DemocracyDubrovnik 9/25/2002
Corruption
Do you think that corruption exists in croatian judiciary? (Jutranji list, 03.04.2001)
Yes 96,7%Yes 96,7%No 3,3%
Are public oppinion on corruption researches reliable?
Yes• the people say what
they think• per cogitationem nemo
poenam patitur• personal experience
No• who can measure
corruption ?• The “lusers” are
biased
Nations in Transition
1997 Administration 4,00 Jud. 4.75
1998 Administration 4,00 Jud. 4.75
2000 Administration 4,00 Jud. 4.75
2001 Administration 4,00 Jud. 3.75
Six Most Important Obstacles for DoingGood Business in Croatia
(Based on percent saying “very serious obstacle”)
77 7671 68 67
57
0%
20%
40%
60%
80%
100%
Corruption Crime andinsecurity
Lack of text oflaws
Politicalinstability
Tax regulations Changes in lawsand regulations
Is it likely that a company would have to offer money, presents or favours (beyond official
charges) to Officials in Courts?
30 27
1115
33
1624
35
0%
20%
40%
60%
80%
100%
Zagreb Bucharest Budapest Kiev Minsk Moscow Sofia Vilnius
Do you think that there is a lot of corruption involved in?– Arbitration/Litigation
49
39
13
25
40
2024 23
0%
20%
40%
60%
80%
100%
Zagreb Bucharest Budapest Kiev Minsk Moscow Sofia Vilnius
Number of Accusation
• No judge was sanctioned because of corruption after 1990
• Wat was not interpereted as corruption
• Corruption is not an open and visible act
Number of Accusation
• statistic of Corr. Cases:
»registered 3316» accusation 1408» verdicts 570
» 75% probation (426)
» lower fifth fines
»14 jail ed with minimal
Dark Numbers of Criminality
• Corruption (?) or rape (15%)
Relativisation
• The judiciary is not different from its social enviroment
• Judges and peole act rationaly
• “Party line” of promotion
• Low wages of judges
• Respect for law
Relativisation
• The judiciary is organization and institution
• Judges do have ethics beyond average people
• The are responsible
• Litigation is not market
• Respect for law - lawyers first