Continutation of prosecutorial capacity building

PGI Training held for BH prosecutors

Published on: June 13, 2016
From June 9-10 2016, a two-day training was organized in Banja Luka for prosecutors from all prosecutors' offices in BiH, including partner prosecutors’ office of USAID's Justice Activity: the Federal PO of FBiH, Cantonal Prosecutor's Office Široki Brijeg, Cantonal Prosecutor's Office Tuzla, Cantonal Prosecutor's Office Mostar, Sarajevo Cantonal Prosecutor's Office, Prosecutor's Office Zenica, District PO Trebinje, District PO Doboj, District PO Istočno Sarajevo. In total, 24 prosecutors attended the training, 13 of them from partner POs. All participating prosecutors actively work on cases of corruption and organized and economic crime. The training was delivered by national and international experts from the relevant agencies, including a senior prosecutor from USKOK.

Some of the topics covered during the two days included:

• The classification of criminal offenses involving corruption and economic crime:
• Bribery, Corruption and Economic Crime: What is what? typologically review
• International instruments to fight corruption / economic crime prevention network
• A European framework to combat corruption
• Cooperation between prosecutors and investigators
• The act of committing corruption offenses - causal link - a consequence - the acts or omissions (hypothetical causality omission)
• The successful investigation and filing of indictments in corruption cases, examples of international, regional and local practice
• The use of intelligence data in the prosecution of corruption cases - practices and discussion

The training was practical and interactive which allowed the participants to share their knowledge
and experience.
Particularly interesting was a discussion and exchange of opinions on the topic of special investigative measures that can be used in cases of corruption, and the issue of international legal assistance.
The importance of cooperation between the prosecutor and authorized officials in dealing with cases of corruption was highlighted. In this regard, participants expressed interest in the presentation of the prosecutor from the Croatian Anti-Corruption Office (USKOK), who talked about cooperation with Croatia’s Tax Administration – i.e. its Independent Sector for tax fraud detection (aka. "The tax USKOK"). As a result of this cooperation, a large number of tax evasion cases were uncovered and successfully prosecuted. Also, participants pointed out the obsolescence of certain legal solutions used to define corruption offenses in the criminal laws in BiH, such as the notion of "responsible person", which limits the effective prosecution of these crimes. The prosecutor from USKOK presented solutions from the Criminal Code of the Republic of Croatia that introduced new offenses of corruption – such as bribery to trade in influence, abuse in the procurement process. This now gives better legal tools to prosecutors to effectively detect and conduct investigations against the perpetrators of these criminal acts.

Based on feedback from the field, interviews with prosecutors who attended the training, the JA recognizes the benefits and necessity of professional training. As particularly important in this regards, prosecutors singled out professional training in the field of prosecutor-guided investigations (PGI). Therefore, the JA will continue to feature the PGI in its training programs in the future.