Economic crime including fraud. Ministry of Interior General Police Directorate Criminal Police Directorate

Transcription

1 Economic crime including fraud Ministry of Interior General Police Directorate Criminal Police Directorate

2 Overview of the legislation Constitution Criminal Code Criminal Procedure Code Law on Police Law on Responsibility of Legal Persons for Criminal Offences Law on the Liability of Legal Entities for Criminal Offences Law on Prevention of Money Laundering and Terrorism Financing Law on Organization and Competencies of State Authorities in Suppression of Organized Crime, Corruption and Serious Criminal Offences Law on Capital Market Law on Foreign Currencies Business Mandatory Instruction on Policing

3 Institutional Framework Ministry of Justice and Public Administration competent prosecutor s offices (Prosecutor s Office for Organized Crime and other prosecutor s offices), competent courts and Special Department of the Higher Court in Belgrade Ministry of Interior Criminal Police Directorate (Service for Combating Organized Crime and Service for Crime Suppression) Ministry of Finances Tax Police, Customs Administration, Directorate for Money Laundering Prevention, National Bank of Serbia

4 General overview of Directives Implemented in the Legislation Provisions of the Convention on Laundering, Search, Seizure and Confiscation of the Proceeds from Crime (ETC 141) and Convention on Laundering, Search, Seizure and Confiscation of the Proceeds from Crime and on the Financing of Terrorism (CETS 198) are imlpemented within the Law on Prevention of Money Laundering; FATF recommendations are adopted (Law on Prevention of Money Laundering and Terrorism Financing) Directive 2005/60/EC of the European Parliament and of the Council on the prevention of the use of the financial system for the purpose of money laundering and terrorism financing

5 Framework Decision 2001/JHA/413 Art. 1. (a) Art. 1.(b) National legislation Serbian legislation defines payment instruments in the Law on Foreign Currencies Business and Law on Prevention of Money Laundering; however, these definitions are not fully harmonized with the framework Decision Definition of legal person is contained in the Law on Responsibility of Legal Persons Law on the Liability of Legal Entities for Criminal Offences Art (a) Art (b) Art (c) Art (d) Penal Criminal Code of the Republic of Serbia defines following criminal offences: Theft (art. 203) and Aggravated Theft (art. 204), as well Evasion (art. 207) and Embezzlement (art. 364) partly harmonized Forgery and counterfeiting of means of payment is defined in the legislation of the Republic of Serbia in following article: 224 Counterfeiting of Securities and 225 Forgery and Abuse of payment Cards Art Manufacturing, Procuring and Giving to Another Means for Counterfeiting and art Concealment partly, or not harmonized with the Framework Decision Fraud (art. 208 of the Penal Criminal Code) defines what is indicated in the FD article and incorporates above mentioned forgery related criminal offences; yet, not fully harmonized

6 Framework Decision 2001/JHA/413 Art. 3. Art. 4. National legislation Computer related offences partly harmonized with this FD article, and incorporated in the Chapter XXVII as follows: Damaging Computer Data and Programs (art. 298.); Computer Sabotage (art. 299.); Generating and Introducing Computer Viruses (art. 300.); Computer Fraud (art. 301.); Unauthorized Access to Protected Computers, Computer Networks and Electronic Data Processing (art. 302.); Preventing or Restricting Access to Public Computer Network (art. 303.); Unauthorized Use of Computer or Computer Networks (art. 304.); and Manufacture, Procurement and Provision to other Means for Committing Criminal Offences against the Security of Computer Data In the legislation of the Republic of Serbia there is no article which stipulates core of criminal offence as prescribed by the FD art. 4 Art. 5 Art. 6 This article is mostly harmonized with provisions of the Penal Criminal Code of the Republic of Serbia in offences of Co-perpetration (art.33.); Instigation (art. 34.) and Aiding and Abetting (art. 35), as well Attempt (art. 30): perpetration of these is criminalized. Legislation of the Republic of Serbia foresees sanctions for these types of criminal offences as foreseen in this FD article. Art. 7 Responsibility of legal persons is foreseen in the separate law Law on Responsibility of Legal Persons for Criminal Offences (art. 6) Law on the Liability of Legal Entities for Criminal Offences

7 Framework Decision 2001/JHA/413 Art. 8. Art. 9. Art. 10. Art. 11. National legislation Serbian legislation foresees sanctions for legal persons in the Law on Responsibility of Legal Persons for Criminal Offences: its Chapters 2. and 3. Law on the Liability of Legal Entities for Criminal Offences Competency issues are regulated by the Penal Criminal Code of the Republic of Serbia, its Chapter II by articles: 6. Applicability of Criminal Legislation on the Territory of The Republic of Serbia; 7. Applicability of Criminal Legislation of Serbia to Perpetrators of Certain Criminal Offences Committed Abroad; 8. - Applicability of Criminal Legislation of Serbia to Serbian Citizens Committing Criminal Offences Abroad; 9. - Applicability of Criminal Legislation of Serbia to Foreign Citizens Committing Criminal Offences Abroad; and 10. Special Requirements for Criminal Prosecution for Criminal Offences Committed in Foreign Countries Extradition is regulated in Serbian legislation by the Law on International Legal Assistance and its art. 2. Forms of International Legal Assistance; art. 13. Objects of Extradition; art. 14. Principle of Specialty; art. 15. Documentation; and art. 16. Extradition Presumptions. Ordinance on Declaration of the Law on ratification of the European Convention on Extradition with Additional Protocols from Republic of Serbia concluded 27 agreements on police co-operation so far.

8 Plans Legislative harmonization with the Framework Decision 2001/JHA/413 of the Council is planned as an activity within the Working Plan of the Government of the Republic of Serbia for 2014.

9 Administrative Capacities for Implementation of the EU regulations relevant in this area Service for Combating Organized Crime Department for Suppression of Organized Financial Crime: 28 persons systematized and all 28 deployed; Service for Suppression of Crime covers units within 27 Police Administrations: 720 persons systematized and 591 deployed.

10 Implementation Mechanisms Problems and weaknesses were partly identified also through project MOLI, within which National Assessment of Risks of Money Laundering was produced and serial series of trainings was were organized for Money Laundering Prevention Administration and Ministry of Interior. Trained staff continued education of MoI staff all over the Republic of Serbia and for that purpose a manual was produced (which will be updated based on recognized gaps). Education and trainings of police officers and representatives of prosecutor s offices will be upgraded through two-year OSCE project aimed at strengthening of capacities for fight against corruption. Also, Twinning project IPA 2013 on fight against corruption is being finalized (Ministry of Justice and Public Administration will lead the project; Ministry of Interior and Ministry of Finances beneficiaries). PACS project of the Council of Europe aimed at strengthening and improvement of capacities for fight against corruption. Application for TAIEX assistance regarding implementation of the Framework Decision 2001/413/JHA will be submitted.

11 Implementation Results TOTAL NUMBER OF CRIMINAL OFFENCES, CRIMINAL CHARGES AND NUMBER OF PERSONS AGAINST WHO CRIMINAL CHARGES WERE SUBMITTED FOR CRIMINAL OFFENCE DEFINED BY ART. 208 OF THE PENAL CODE OF THE REPUBLIC OF SERBIA IN ITS TERRITORY PERIOD 01. JANUARY OCTOBER Year Criminal Offences - total Criminal Charges - total Persons against who criminal charges were submitted

12 Implementation Results Prosecutor s Office for Organized Crime initiated 8 criminal proceedings against total number of 112 perpetrators of the criminal offences of Fraud and Criminal Association in the last three years. Also, Prosecutor s Office for Organized Crime initiated 7 criminal proceedings against: 26 persons for Counterfeiting, 26 persons for Forgery and Abuse of Payment Cards, 42 persons for Forgery of Tokens of Value, 7 persons for Manufacturing, Procuring and Giving to Another Means for Counterfeiting. Cooperation with EU countries established. Proceedings finalized with enforceable verdicts.

13 THANK YOU FOR YOUR ATTENTION! Questions?