For
the purpose of combating corruption more efficiently, the public prosecutor’s
office has undergone specialisation for
the criminal prosecution of corruption cases, consequently, the
Anti-Corruption Department was established in 2008 within the Republic Public
Prosecutor’s Office, whereas the specialisation of other public prosecutor’s
offices of general jurisdiction was carried out in 2010 through the
establishment of the departments for combating corruption and money
laundering in appellate and higher
prosecutor’s offices in Belgrade, Novi Sad, Kragujevac and Niš and by assigning
the deputy public prosecutor who will monitor the progress in criminal cases
related to this field. Furthermore, in 2009 specialisation has been carried out
by expanding the jurisdiction of the Prosecutor’s Office for Organised Crime to
include criminal offences of so-called high-level corruption on the grounds of
the capacity in which the perpetrators had acted – when the defendant is an acting
officer or a liable person who holds a
public office based on the election, appointment or designation
by the National Assembly, the Government, High Judicial Council or State
Prosecutorial Council[1]
and the so-called serious corruption – involving criminal offences of
corruption where the value of obtained proceeds exceeds the amount of 200
million RSD[2].
With the help and support of local and foreign institutions and organisations we
are partners with, including the Judicial Academy, OSCE Mission to Serbia, the US
Embassy, Council of Europe, GIZ, etc., specialised deputy public prosecutors
have received instruction and professional training encouraging team approach
and better coordination with other state authorities which have jurisdiction
over the fight against corruption. Anti-Corruption Department
of the Republic Public Prosecutor’ Office monitors the work of basic, higher
and appellate public prosecutor’s offices in the proceedings regarding cases
involving the criminal offence of corruption,
including the criminal offences related to money laundering, as a part of the
implementation of the Mandatory Instruction of the Republic Public Prosecutor
A. no. 194/10 of 26 March 2010, according to which Departments for Combating
Corruption and Money Laundering were set up and based on which all lower-level
public prosecutor’s offices were to submit to the Republic Public Prosecutor’s
Office, through the competent appellate public prosecutor’s office, the data on
received criminal charges, passed prosecutorial decisions, first instance
judgments, prosecutor’s appeals, if they had been filed, and second instance
judgments. This ensures continuity in the work that has been done so far in
this field, starting with the Mandatory Instruction of the Republic Public
Prosecutor A. no. 6/07, and it enables efficient monitoring and review of the
work of the public prosecutor’s offices in each individual case and the
provision of expert assistance in the form of offering opinions, suggestions
and instructions in order to clarify points of contention in particular cases,
with special reference to the cases and reports related to the implementation
of the Law on Seizure of Proceeds from Crime. When
the Law on Amendments and Supplements to the Criminal Code which entered into
force on 15 April 2013 was passed, due to the amendments to the elements which
constitute the criminal offence of abuse of official position referred to under
Article 359 of the CC, the need arose to review these cases in terms of
examining the legal continuity and reclassifying the offence in accordance with
Articles 229, 229a, 234, 234a and 208 of the Criminal Code (Official Gazette of the Republic of Serbia
121/12), examining whether there are other potential criminal offences or whether
there are grounds to dismiss criminal charges or
desist from criminal prosecution. With reference to this, the Anti-Corruption
Department has drafted the Mandatory Instruction no. 1/2013 on the procedure
regarding these cases. The procedure for reclassification of the offence is
currently in progress. The
representatives of the Anti-Corruption Department are participating in drafting
the legal framework for the fight against corruption, including the Anti-Corruption
Strategy, Anti-Corruption Action Plan, Strategy for Combating Money Laundering
and Financing of Terrorism, Action Plan for Combating Money Laundering and
Financing of Terrorism, relevant laws and by-law regulations, and they monitor
how the public prosecutor’s office is implementing these. Anti-Corruption
Department monitors complaints about the work of the holders of judicial
offices which are related to the cases of corruption. Anti-Corruption
Department of the Republic Public Prosecutor’ Office took part in 2012 in the
drafting of the Integrity Plan, in accordance with the Law on the Anti-Corruption
Agency. The legal framework for enhancing integrity is complemented by the Code
of Ethics of Public Prosecutors and Deputy Public Prosecutors and the Rules on
the Disciplinary Proceedings and Disciplinary Liability of Public Prosecutors
and Deputy Public Prosecutors passed by the State Prosecutorial Council. For
the purpose of combating corruption more efficiently the Anti-Corruption
Department has set up and developed a mechanism of co-operation within the
legal obligations and powers of the state authorities, through the memorandums
of understanding and coordinating meetings between the prosecutor’s office, the
police, Tax Administration, Administration for
the Prevention of Money Laundering, Customs Office, Anti-Corruption Agency and
State Audit Institution. In addition, in order to promote team work, task
forces have been set up as a result of initiatives expressed in meetings with
the Appellate, Higher and Basic Public Prosecutors, which consist of
representatives of the police, financial police and the prosecutor’s office
when the criminal offences are related to corruption, including economic
criminal offences which involve corruption.
Members
of the Anti-Corruption Department are the deputies of the Republic Public
Prosecutor: Olgica Miloradović, Zorica Stojšić, Slobodan Radovanović, Milan Bojković,
Secretary of the Republic Public Prosecutor’s Office Gordana Samardžić and
Zoran Petrić as the consultant. The
Head of the Anti-Corruption Department is Olgica Miloradović. [1] "criminal offences of the abuse
against official duty (Articles 359, 366, 367 and 368 of the Criminal Code),
where the defendant, i.e. the person who is offered a bribe, is an acting
officer or a liable person holding a public office based on the election,
appointment or designation by the National Assembly, the Government, High
Judicial Council or State Prosecutorial Council” – Article 2, paragraph 3 of
the Law on Organisation and Jurisdiction of Government Authorities in Suppression
of Organised Crime, Corruption and Other Severe Criminal Offences. [2] "Criminal offence of the abuse of
the position by a liable person (Article 234, paragraph 3 of the Criminal Code)
and the criminal offence of the abuse of an official position (Article 359,
paragraph 3 of the Criminal Code), where the value of the obtained proceeds
exceeds the amount of 200,000,000 RSD” – Article 2, paragraph 4 of the Law on Organisation and
Jurisdiction of Government Authorities in Suppression of Organised Crime,
Corruption and Other Severe Criminal Offences
[1] "criminal offences of the abuse against official duty (Articles 359, 366, 367 and 368 of the Criminal Code), where the defendant, i.e. the person who is offered a bribe, is an acting officer or a liable person holding a public office based on the election, appointment or designation by the National Assembly, the Government, High Judicial Council or State Prosecutorial Council” – Article 2, paragraph 3 of the Law on Organisation and Jurisdiction of Government Authorities in Suppression of Organised Crime, Corruption and Other Severe Criminal Offences.
[2] "Criminal offence of the abuse of the position by a liable person (Article 234, paragraph 3 of the Criminal Code) and the criminal offence of the abuse of an official position (Article 359, paragraph 3 of the Criminal Code), where the value of the obtained proceeds exceeds the amount of 200,000,000 RSD” – Article 2, paragraph 4 of the Law on Organisation and Jurisdiction of Government Authorities in Suppression of Organised Crime, Corruption and Other Severe Criminal Offences
Reccomended
Latest News
-
The Co-operation with France in Combating Crime
Zagorka Dolovac, the Republic Public Prosecutor and th...
-
Holder: The Prosecutor’s Office of the Republic...
The way the Public Prosecutor’s Office of the Republic...
-
The Serbian state is no longer a safe haven for...
Regional Conference on the Co-Operation in Combating O...