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«Practical Issues in Investigating Corruption Crimes linked with Money Laundering Cases in Estonia (example of Virumaa county) Mr. Kalmer Kask ...»

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The main task of the Service for Combating Corruption Crimes of the Criminal Bureau of Ida profecture (4 police officials) among others is investigation on official guilty actions (Articles 288 Põhja Prefektuur (North Prefecture) Lõuna Prefektuur (South Prefecture) Lääne Prefektuur (West Prefecture) Ida Prefektuur (East Prefecture) Rf. Attachment 2: Guilty actions connected with legalization (laundering) of money and punishments in Estonia.

through 301 PC), and also crimes committed by officials stated in any other Special part of PC (exclusive of crimes envestigated Bureau of internal control of Department of Police and Frontier Guard [official misconduct ccommitted by police employees] or Department of security police).

This service investigates administrative misconduct connected with bribery (Articles 261-265 of Anti - Corruption Act) as well.

The main task of Bureau of Internal Control of Department of Police and Frontier Guard (5 police officials in Viruma region) is investigation of guilty actions committed by the department workers and employees (exclusive of high ranked police officials) and also guilty actions committed within pre-trial and non-judicial proceedings and directed against law of persons (illegal interrogation, unlawful closure of the procedure on guilty action, etc.).

Security Police (KaPo)

The main task of KaPo is collection and processing of the data on invasive alteration of the constitutional order and territorial integrity as well as prevention of such activities, prevention and suppression of intelligence activities against the state, protection of state secrets, struggle against terrorism, disclosure of potencial bribery facts among high ranked state officials, and also in cases stated by law pre-trial investigation of misconduct and non-judical proceedings of misconduct. 14 The structural units of Security Police are departments and bureaus. There are 4 regional departments: 15 Pyikha department (covers the territory of the whole Kharyua county) Lyina department (covers the territory of 6 counties – Tartu, Yigeva, Vilyandi, Pyilva, Byirua and Valga.) Lyanea department (covers the territory of six counties – Khiya, Saarea, Lyanea, Pyarnu, Yarva and Rapla) Ida department (covers the territory of Lyane-Virya and Ida-Virumaadistricts) In Ida department the corruption related misconduct is dealt with actually by 4-5 people, however when necessary in single police operations or proceedings dozens of KaPo policemen can be involved Department of Security Police performs pre-trial proceedings on crimes stated by Article 201 (embezzlement), Articles 293 through 298 (accepting or transferring gratuities or bribes or intermediating whereby) and Article 299 (forgery in public office) and also stated by part 2 Article 3001 (specials forms of constraint violation on performing actions), if a crime was committed by President of the republic, a member of the Parliament, a member of the government of the Republic, the chancellor of justice, the State inspector, a judge, a prosecutor http://www.kapo.ee/eng/annual-reviews Põhja osakond (Northern Department; service area: Harju County); Lõuna osakond (Southern Department;

service area: Valga County, Võru County, Viljandi County, Tartu County, Jõgeva County and Põlva County); Lääne osakond (Western Department; service area: Hiiu County, Saare County, Lääne County, Järva County, Rapla County and Pärnu County); Ida osakond (Eastern Department; service area: Lääne-Viru County and Ida-Viru County).

or high ranked official in a state establishment, parliament chancery, secretariat of President of the republic, state control or court, or high ranked police official ( major of police or higher rank), or high rank of defense forces (major / officer of HQ or higher rank). Within procedural jurisdiction of KaPo beginning with July 2007 is determination of potential corruption crimes by administrators of six major self-governments (Tallinn, Tartu, Pyarnu, Narva, Kokhtla-Yarve and Yikhvi.

*** The investigation bodies outlined above administer the process of analyzing operational status of criminality in this area, performing risk analysis and analusis related to this issue, collection and analysis of investigative information on misconduct which is within their cognizance, as well as identifying and assessing the property obtained through criminal action which is subject to augmented condemnation, performing relevant actions rewuired to preclude its (property) acquisition.

Prosecutor’s office

Prosecutor’s office includes two authorities and consists of State Prosecutor’s office as a superior prosecutor’s office and also 4 district prosecutor’s offices. The area of State Prosecutor’s office operation is entire Estonia, and the areas of district Prosecutor’s office operation are the same as police prefectures.

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State Prosecutor's office State Prosecutor's office administrates preliminary investigation and brings prosecution on behalf of the state in courts of all three instances on cross-border or other heavy organized crimes as well as the high-profile crimes.

State Prosecutor's office controls and advises on the performance of district prosecutor’s offices and also analyses and consolidates the courts and procuratorate practices. Additionally State Prosecutor's office discharges liability entailed by international cooperation, participates in the work of Euro justice. The task of the Estonian representative is collection, analysis, intermediation in sharing information by EU states in order to promote judicial cooperation.

Also State Prosecutor's office participates in developing prospective legislation, determinations and directives concerning procuratorate performance issued by the Government of Republic as well as determinations and orders by Ministry of Justice.

In State Prosecutor's office besides state prosecutor general work 2 lead state prosecutors, 14 state prosecutors and 8 assistants to prosecutors.

Prosecutor’s office of North district of Estonia / Pyikha district prosecutor’s office Pyikha district prosecutor’s office is located in Tallinn, and area of responsibility is Kharyua There are five departments in Pyikha district prosecutor’s office: Department I (drug related crimes and offence against the person), Department II (corruption related crimes, economical and official crimes), Department III (juvenile crimes), Department IV (general crimes), Department V (general crimes).

There are only 67 prosecutors working in Pyikha district prosecutor’s office: in addition to the lead prosecutor there are five senior prosecutors, 22 district prosecutors, and also 37 assistants to the prosecutors. All prosecutors of the district administer certain areas in working with crimes of certain type. There are also two prosecutors for special cases in Pyikha district prosecutor’s office whose task is dealing with prioritized crimes on the basis of the project.

Prosecutor’s office of South district of Estonia / Liyuna district prosecutor’s office Liyna district prosecutor’s office is located in Tartu, and areas of responsibility are counties Yigeva, Pyilva, Tartu, Vilyandi and Vyiru.

There are four departments in Liyuna district prosecutor’s office: Tartu Department I which also includes the prosecutors of Yigeva (the area of responsibility is primarily drug related crimes and offence against the person, as well as juvenile crimes and crimes connected with family violence), Tartu Department II (whose competence is primarily economical crimes, corruption related crimes and crimes in environmental area); Vilyandi department which also includes the prosecutors of Valga; Vyirua department which also includes the prosecutors of Pyilva. The latter two departments are established based on territorial principle and are dealing with all crimes committed in the above counties There are only 40 prosecutors working in Liyuna district prosecutor’s office: in addition to the lead prosecutor there are four senior prosecutors, 15 district prosecutors, and also 18 assistants to the prosecutors. All prosecutors of the district administer certain areas in working with crimes of certain type. There is a prosecutor for special cases in Liyuna district prosecutor’s office whose task is dealing with prioritized crimes on the basis of the project.

Prosecutor’s office of West district of Estonia / Lyaena district prosecutor’s office Lyaena district prosecutor’s office is located in Pyarnu and areas of responsibility are counties Kkiyu, Yarva, Lyaene, Pyarnu and Saare.

There are two departments in Lyaena district prosecutor’s office: Pyarnu department which also includes prosecutors of Saaremaa, and Rapla department which also includes prosecutors of Khaapsalu and Yarva. Khaapsle prosecutors administer Khiyu County.

Lyaena district prosecutor’s office according to its territory is the largest district prosecutor’s office and the smallest one according to the staff – in the district work only 24 prosecutors: in addition to the lead prosecutor there are two senior prosecutors, 7 district prosecutors, and 13 assistants to the prosecutors All prosecutors of the district administer certain areas in working with crimes of certain type. There is a prosecutor for special cases in district Lyaena prosecutor’s office whose task is dealing with prioritized crimes on the basis of the project

Virumaadistrict Prosecutor’s office

The areas of responsibility of Virumaadistrict Prosecutor’s office are counties Ida - Virumaa and Lyaena –Virumaa. In addition to that there are departments of the district prosecutor’s office in the largest cities of the district Narva, Yikhvy and Rakvere. The largest one is Yikhvy department where in addition to the senior prosecutor there are 5 district prosecutors, and 5 assistants to the prosecutors. In the smallest department – Rakvere - in addition to a senior prosecutor there are 2 district prosecutors, and 4 assistants to the prosecutors. In Narva department in addition to the senior prosecutor and an assistant to the prosecutor there are 3 district prosecutors, and 5 assistants to the prosecutors.

There are two prosecutors for special cases in Virumaadistrict prosecutor’s office whose task is dealing with prioritized crimes on the basis of the project All other prosecutors of the district administer certain areas in working with crimes of certain type. On the whole the operation in Virumaadistrict prosecutor’s office is distributed according to territorial principle

Major trends and challenges

 The most frequent corruption misconduct among both state officials and local selfgovernment employees in Estonia regardless of emerging new corruption forms is accepting gratuities or bribes when taking procedural decisions and carrying out state deliveries. In such cases when placing orders for services, works or procuring provisions the preference is given to those companies the contact with who had been established in the course of previously agreed corruption arrangements. It should be pointed out that bribes or gratuities as a rule are not granted directly any longer, but through the intermediary of business partners related to the official or his acquaintances. A giver of a bribe does not come to the meeting with suitcases or rolls of banknotes any more. Considerations in cash money are rather unusual and out of date phenomenon. It has become usual practice to substitute the money demanded or its transfer with purchasing some commodities or ordering / providing services. Another rather common practice is offering benefits or concessions to the official (i.e. gift cards, tours, education, etc.) so that the bribe giver could achieve his ultimate goal.

The latest example: the vice mayor of the city was arrested on the charge of wilful misconduct of granting a labour contract for the city preschools renewal to a certain company. The prise for the corruptive decission was the consessions given to the official’s wife for construction materials for the flat renewal and household appliences.

 The highest corruption risk in Estonia is primarily bulky and specific state deliveries often connected with EU grants. In contrast to the so called ’regular corruption’ this area is often characterised by the most conspiratorial criminal arrangements, where instead of demanding and accepting the money directly they use false firms or consealed affiliation to them, bargain power and committ crimes related to competetion.

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