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R O M A N I A MINISTRY OF INTERNAL AFFAIRS ANTI-CORRUPTION GENERAL DIRECTORATE

R O M A N I A MINISTRY OF INTERNAL AFFAIRS ANTI-CORRUPTION GENERAL DIRECTORATE. AGD approach on regional cooperation in fighting corruption. Romanian anti-corruption legislative framework. Criminal Code & Law nr. 78/2000 on preventing, discovering and sanctioning corruption deeds

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R O M A N I A MINISTRY OF INTERNAL AFFAIRS ANTI-CORRUPTION GENERAL DIRECTORATE

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  1. R O M A N I AMINISTRY OF INTERNAL AFFAIRSANTI-CORRUPTION GENERAL DIRECTORATE AGD approach on regional cooperation in fighting corruption Rule of Law: Implementing a comprehensive and integrated approach in prevention and fight against corruption in the Danube region”, 04-05 November 2013

  2. Romanian anti-corruption legislative framework • Criminal Code & Law nr. 78/2000 on preventing, discovering and sanctioning corruption deeds • Corruption offences • Bribe taking • Bribe giving • Receiving undue advantages • Trading influence • Crimes assimilated to corruption offences • Crimes in direct relation to corruption offences • Crimes against the EU financial interests

  3. International anti-corruption instruments Romania is party to: • Council of Europe Civil Law Convention on Corruption • Council of Europe Criminal Law Convention on Corruption • Additional Protocol to Council of Europe Criminal Law Convention on Corruption • UN Convention against Corruption • UN Convention against Transnational Organized Crime

  4. Institutional framework • Ministry of Justice • National Integrity Agency (ANI) • National Anti-corruption Directorate (DNA) • Ministry of Internal Affairs • Anti-corruption General Directorate (DGA)

  5. MINISTRY OF INTERNAL AFFAIRS - ANTI-CORRUPTION GENERAL DIRECTORATE One of the measures taken for Romania’s accession to the EU was the establishment of an anti-corruption unit within the MoIA. AGD: • was set up in 2005, as the specialized anti-corruption unit, with competence in this field • deals with prevention and investigation of corruption offences; • is a judiciary police unit; • is subordinated to: • the Minister internal affairs, from the administrative point of view; • the case prosecutor, from the operational point of view.

  6. AGD’ s responsabilities • Investigating corruption offences; • Judicial police activities, according to law; • Prevention activities and coordinate raising awareness campaigns; • Integrity testing activities; • Receive the citizens’ complaints/ petitions; • Draft risk and strategic analysis and propose procedural measures to improve the situation.

  7. Cooperation • Bilateral/regional cooperation, through the initiation of the contacts with the similar foreign agencies and regional organizations, in order to establish the methods of cooperation and the development of the previous contacts with the foreign partners; • Multilateral cooperation within international organizations/networks, which have initiatives on combating criminality and especially corruption; • Operational cooperation through the specific channels of MoIA with the competent authorities from other states, in order to solve the operational situations that have occurred in the current activity of AGD.

  8. Romanian – Bulgarian cooperation • Common Action Plan for cooperation between AGD within the Ministry of Interior and Administrative Reform of Romania and Inspectorate Directorate within the Ministry of the Interior of the Republic of Bulgaria in the field of preventing and combating corruption, signed in Burgas, on 26.07.2008 • Preventive activities at the common borders • Working groups with representative of the civil society • Share of best practices • Operative activities • Information exchange • Common action plan for cooperation between AGD within the Ministry of Administration and Interior of Romania and the Internal Security Directorate within the Ministry of Interior of the Republic of Bulgaria, signed on10.04.2012 • ISEC 2011 project-Enhancing police internal affairs departments in EU member states, with partners: Center for the Study of Democracy and Internal Security Directorate • ISEC 2012 Project „Development of the civil society involvement in drafting, implementing and assessing anticorruption policies”, with partner: Center for the Study of Democracy

  9. Romanian – Hungarian cooperation • Protocolonco-operation between the Anti-corruption General Directorate within the Ministry of Administration and Interior of Romania and the National Protective Service within the Ministry of Interior of Hungary in the field of preventing and countering corruption, signed in Budapest, on 03.05.2012

  10. Romanian – Moldavian cooperation • Common Action Plan on cooperation between Anti-corruption General Directorate within the Ministry of Administration and Interior of Romania and Centre for Combating Economical Crimes and Corruption from the Republic of Moldova, signed at Galati, 21 September 2010. • At present, the CCCEC from Moldova became the National Anti-corruption Centre, after being reorganized in 2012.

  11. Romanian - Serbian cooperation • Protocol of co-operation between AGD within the Ministry of Internal Affairs and the Internal Affairs Sector within the Ministry of Interior of Serbia in the field of preventing and countering corruption, within the legal competences, signed on 04.10.2012

  12. Romanian-Serbian-Moldavian cooperation • OLAF Project “Strengthening regional co-operation for preventing and countering corruption at EU external border”

  13. Case study – co-operation with NAC Moldova - 2013 - co-operation between AGD (Romania) and National Anti-corruption Center (Moldavia) - Joint Investigation Team - taking bribe and trading influence committed by Romanian and Moldavian employees within the Border Crossing Point Albiţa (RO)/Leuşeni (MD). - criminal files drawn up in Romania and Moldavia. - simultaneous searches - RO (27) si MD (53). - 140.000 de euro were lifted during the searches in Romania. - criminal pursuit against 28 Romanian employees (24 customs employees and 4 border policemen). - 33 Moldavian employees were retained (19 customs employees, 13 border policemen and 1 economic police employees). Investigations are ongoing.

  14. Regional cooperation • Regional Cooperation Council • Eastern Partnership • OSCE - Organisation for Security and Cooperation in Europe - regional conferences • BSEC – Black Sea Economic Cooperation

  15. European level cooperation • EPAC – European Partners against Corruption • EACN – European Anti-corruption Network • IACA – International Anti-corruption Academy

  16. THANK YOU VERY MUCH FOR YOUR ATTENTION!

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