RSS
Kovesi: 148 million euro,the damage in 275 files of abuse closed down last year
National Anti-corruption Directorate (DNA) Chief Prosecutor Laura Codruta Kovesi stated on Wednesday in a debate regarding fraud in public procurement that following the decision of the Constitutional Court of Romania (CCR) of 2016 regarding abuse in office where the phrase faulty is understood as breaking the law were closed down 275 files with damage of 148 milion euro.
‘For this reason,the prosecutors can investigate only those abuse in office deeds where primary legislation was broken, namely a law or an ordnance. For this reason, the prosecutors can investigate only the breaking of primary legislation in many cases we saw that some fraud was made by breaking secondary legislation. A first conclusion is that the prosecutors cannot act in such illegal practices, let’s see in what way the society may be defended. For this reason, privatisations made on the basis of some HG cannot be investigated anymore. 148million euro was the damage in 275 files of this kind were closed down last year. Let us see in what way the money can be recovered. In how many cases did the other institutions start procedures for recovery, were there disciplinary liabilities settled? What is going to happen to the 148 million euro?’ Kovesi said during the debate.
According to her, the complexity of the methods attempting to mask criminal deeds has noticeably increased in the last years. "I believe in the last years I have noticed a complexity of methods masking the means to commit a criminal deed. As legislation changes and we impose certain rules, straightaway someone receives advice on how to avoid those rules and to commit the crime better, in clandestinity, confidentiality, so as not to get caught," Kovesi told a debate on fraud in public procurement.
She added that investigations concerning corruption deeds in various institutions have not necessarily determined a reduction of the criminal phenomenon.
"I do not know whether through our investigations we have also had a preventive role within public institutions but as you referred to the Romanian Post, it is already of notoriety that there are, I think, over seven indictments that we have put together and the leaders of this company in the last years have all been involved in them. Which shows us that irrespective of the number of inquiries and investigations having been carried out in a public institution, the deeds went on. We have, as an example, a case in a ministry in which the prosecutors caught red-handed a civil servant taking bribe for awarding a contract, the colleague of the person caught participated at the time as witness in that sting operation (...) which we considered would have a preventive role, for only after a short period of time that very person to demand bribe for awarding a contract," the DNA Chief Prosecutor further said.
Kovesi: We won't solve corruption issue just by arresting offenders; we need prevention measures
The National Anti-corruption Directorate (DNA) chief prosecutor, Laura Codruta Kovesi, on Wednesday stated that the corruption problem won't be solved in Romania just by arresting offenders, sending public servants to trial or obtaining convictions for them, while adding that the investigative efforts of the prosecutors need to be doubled by prevention measures.
The statement was made on the occasion of a debate focusing the topic: "Fraud and corruption in public procurement. From combating to prevention," organized by the DNA.
"In general, when we talk about the crime phenomena, the approach starts from prevention to combat. However, and maybe you've already noticed this, we kind of did it the other way round, precisely because our investigations showed us that, in respect to public procurements or abuse of office crimes, we are dealing with repetitive patterns, with the same modus operandi on repeat, and that's why we thought that making a study through which to show this modus operandi and the typologies that we were able to identify during our investigations will prove to be a very useful instrument for the other institutions in charge with prevention. On the occasion of our previous public interventions, we have always insisted on this issue of prevention. For we won't solve corruption in Romania just by arresting offenders, by sending to trial the public servants or obtaining convictions for them. Corruption in Romania can only be solved if the investigative effort of the prosecutors is doubled by prevention measures and serious education in what corruption is," Kovesi.
She also added that more than half of DNA's activity is represented by investigations into abuse of office cases. "Starting from these conclusions, we have launched this project and we've made a study at the DNA regarding abuse of office and fraud in public procurement. More than half of DNA's activity is represented by investigations into abuse of office cases. This is the reason why we started to make this study," explained the DNA chief.
Control institutions send notifications more often after political leadership changes
Control institutions send several notifications to anti-corruption prosecutors after the country's political leadership changes, the National Anti-corruption Directorate (DNA) Chief Prosecutor Laura Codruta Kovesi said on Wednesday.
"When in the Government or other public institutions there are political changes, the number of notifications increases or decreases depending on specific facts or on certain periods of time (...) Although the state has so many control institutions, they send notifications more often after the change of political leadership, which is not bad. But it is bad that until the change of political leadership, we have more often a diametrically opposed behavior, in which public institutions are not even a civil party in the lawsuits in which the state has suffered damage," Kovesi said in a debate on fraud in the field of public procurement.
The head of the DNA said there were situations where prosecutors were only informed about certain people or at certain time intervals, although it was about deeds that had been going on for several years, involving much more people. In addition, some notifications refer to deeds committed even nine years ago.
"It is very difficult to investigate and deal with evidence 9 or 10 years after committing the deed. It is important for the institutions to be held accountable and not to wait 8 or 9 years to investigate a criminal offense and then to pass responsibility to prosecutors," the DNA chief prosecutor added.
Laura Codruta Kovesi led on Wednesday the debate on the issue of "Fraud and corruption in public procurement. From combating to prevention," organised by DNA.