republic of serbia ministry of interior corruption in serbia case study

REPUBLIC of SERBIAMINISTRY of INTERIOR

CORRUPTION in SERBIA

Case Study

Ministarstvo unutrašnjih poslova Republike SrbijeUprava kriminalističke policije

Služba za borbu protiv organizovanog kriminalaCORRUPTION

Legal basis for corruption investigations –

2 articles of the Penal Code

Article 367 – Bribe Accepting

and

Article 368 – Bribe Giving

Ministry of Interior Republic of SerbiaCriminal Police Directorate

Service for Combating Organized Crime

Other crimes, like:

“Misuse of Official Position”,

“Forgery of Official Document”,

“Fraud in the service”,

“Embezzlement”,

“Illegal Possession” …

In the practice these crimes are not treated as corruption cases



Chapter 29a “Criminal Proceedings Code” Regulates following issues:

• Allows evidence gathering during the criminal proceedings by use of “special investigative measures”

• Regulates issues related to positions of “undercover agent”, ”witness collaborator”, ”witness penitent”, conducting “controlled deliveries”, possibility of temporary object and property benefit seizure,

as well as possibilities for international co-operation in organized crime suppression.



Case Study

A “friendly connection” gave us an information that a judge of the Commerce Court requires the money –

bribe in amount of 80.000 EUR, from the Director of a Company X, in order to bring the verdict in one

case the Judge is running before that Court to the favor of the Company X, by rejecting the charge submitted by a Company Y against Company X

with the claim in amount of 700.000 EUR.

Using the favorable circumstances, we got in contact with the Director of the Company X, who

was willing to co-operate with the police.



Case Study

Director of the Company X submitted the criminal charge against the Judge acting in the concrete case,

as well against the legal counselor of his own Company X and one more judge of the same

Commerce Court – who were charged as intermediaries and persons through who acting judge

requires money-bribe.



Case Study

On the proposal of police officers submitted to the District Prosecutor, and on the proposal of District Prosecutor submitted to the investigative judge,

investigative judge issued the Order for surveillance and recording of telephone and other

communication, as well for video recording of suspects’ activities.



Case Study

Co-operation with the Director of Company X and surveillance results led to the findings that meeting of the Director and the Judge

will be held in one restaurant in one mountain resort, 200 km from Belgrade.



Case Study

After the meeting in the restaurant, suspects had intensive communication, which discovered that the Judge is trying to get the money – bribe, but to avoid

the verdict as it was promised initially.

But, the Director of the Company X insisted to get the verdict before he hands over the money. The Judge made two versions of the verdict: first in which she

partially adopts the indictment and claim indicated in it and the second by which the indictment is totally

rejected.



Case Study

After these developments, the Director, Intermediary and the Judge met in the apartment of legal

counselor, as well in one lawyer’s office, where two versions of verdict were presented to the Director. At

this moment they have reached an agreement on 80.000 EUR payment in four “installments”: first on

the next day in amount of 10.000 EUR, and the rest in next periods of 15 days.



Case Study

Immediately after we got these information, in police premises, we have made preparations: marked bills and made “chemical trap” on bills in total amount of

10.000 EURs.

When a person touches bills, an invisible ink transfers to his/her hands and colors them on the spots of

touch.



Photo of

marked bills



Case Study

After several changes of meeting venue arrangements and to whom money will be handed over, the Director hands over the money in amount of 10.000 EURs to legal counselor in one restaurant

near to counselor’s apartment, who informs the Judge by phone on the handover; after this police

officers stopped counselor in the lobby, made search and arrested him.



Search of the legal counselor and arrest



Photo from the search place



Photo from the expert examination of changes on skin of the legal counselor’s hands



Case Study

Simultaneously with the arrest of legal counselor, on the basis of Investigative Judge order, police has made a

search of the Judge’s office in Commerce Court and the Judges were arrested, interviewed and detained for 48

hours.



EPILOGUE

On the proposal of the Republic Prosecutor, Chamber for Mandates and Immunity in the Republic Parliament,

terminated immunity to judges of Commerce Court.

MoI submitted criminal charge against acting judge for existence of reasonable suspicion that judge committed a crime of bribe accepting, and against one more judge,

legal counselor and lawyer for assistance to acting judge in crime committing.



EPILOGUE

After conducted police investigation, District Public Prosecutor raised an indictment in this case.

TRIAL PENDING



Blagoevgrad, February 2013



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ATTENTION!

republic of serbia ministry of interior corruption in serbia case study

Documents

serbia case study slide

case study director

director of company

organized crime suppression

criminal charge

police premises

investigative judge

case study cooperation