INTER-AMERICAN DRUG ABUSE CONTROL COMMISSION C I C A D
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1 INTER-AMERICAN DRUG ABUSE CONTROL COMMISSION C I C A D Secretariat for Multidimensional Security FIFTY-SECOND REGULAR SESSION November 28-30, 2012 San José, Costa Rica OEA/Ser.L/XIV.2.52 CICAD/doc.2002/12 29 November 2012 Original: Español THE FIGHT AGAINST CORRUPTION AND TRUST VERIFICATION SYSTEMS: ESSENTIAL FACTOR TO FIGHT DRUG TRAFFICKING MRS. CLAUDIA VILLAFUERTE PUBLIC MINISTRY, COSTA RICA
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3 The Fight Against Corruption and Trust Verification Systems: Essential Factor to Fight Drug Trafficking Associate Office of Probity, Transparency and Anti-Corruption of the Public Prosecutor Claudia Villafuerte Orellana Thursday, September 29, 2012, San Jose.
4 Corruption Drug Trafficking Trust Verfication Systems
5 Public Corruption and White-Collar Crime Aristotle: The greatest crimes are caused by excess and not by necessity (Book II, Section VII).
6 Crisis of law, given by: inability to create rules that meet new challenges (2007: 135). Ferrajoli: ( ) one of the perverse effects of globalization is, without a doubt, the development of international crime; which is also global at the same time, with dimensions that have no precedent. That is 'global' or 'globalized' crime in the same sense we talk about globalization of the economy (2007: 135).
7 Power Crime a) Organized crime; b) Economic power crime; c) Public authorities' crime.
8 Reasons For Corruption 1-Self-determination of a person; 2-Hetero-determination or external influence.
9 Edwin Sutherland: Variable social class; People who have connections and resources; Created a new approach of criminal study.
10 Dynamics that Facilitate the Impunity of White-Collar Criminals Always give the appearance of the prestige of their own social reputation. Repetitive Rite: from the moment of the arrest warrant, they declare themselves as victims of an attack; always innocent.
11 Characteristics of Acts of Corruption a) Benefit; b) Violation; c) Interaction; d) Utilization; e) Damage.
12 Drug Trafficking and Public Service Constant Markers of modus operandi: -Production centers; -Resources for distribution; -Human Resource; -Target Market; -Incorporation of returns.
13 Drug Trafficking and Public Service People responsible for the logistics must design ways to avoid being identified, or work in cooperation with the authorities so they favor them; which is a quite viable option.
14 Drug Trafficking and Public Service Focused on the entire public administration that might have some type of relationship with their activity, consistently ensuring they become allies in their criminal activity.
15 State Management Prevention Prevent unsuitable people from joining the institutions; additionally encouraging honest acts in personnel. Control and Repression Strategies must be adopted to allow the identification of corrupt behavior.
16 Trust Verification Systems Set of administrative measures to be implemented to prevent, control and suppress acts of corruption. Need to explore these variables, not separately or in isolation but as a whole.
17 Situation in Costa Rica What are the real consequences of understanding these phenomena in a comprehensive manner? Necessary interrelationship that should exist between the various public institutions, in other words, cooperation should occur between them to meet the particular problem.
18 Situation in Costa Rica 2004: Act Against Corruption and Illicit Enrichment (Law No. 8422) was passed Year 2007: The United Nations Convention Against Corruption (hereinafter UNCAC) was ratified by means of Executive Decree No Art. 6 establishes: The necessary material resources and specialized staff, as well as the training that such staff may require to carry out their functions, should be provided..
19 Year 2010: Situation in Costa Rica Created by the Public Prosecutor of the Republic, by means of Memorandum 03-PPP-2010, Associate Office of Probity, Transparency and Anti-Corruption of the Public Prosecutor. Mission: promote transparency, probity and good practices in the personnel of the Public Ministry; carry forward the implementation of the regime of consequences for disciplinary offenses and promote criminal prosecution for corruption crimes.
20 Accountability Mechanisms
21 Role of the International Community to Obtain Results. d
22 Conclusion
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