Establishing points to prove by law
Points to prove by law should be established for specific offenses in order to ensure that investigations—and the offenses they seek to prove—fall within the legal responsibility of the anti-corruption agency, as well as to ensure that the offenses are likely to be acceptable to the prosecutor and in line with the prosecutor’s criteria on the likelihood of conviction. Depending on the anticipated difficulty in proving specific points, the anti-corruption agency may decide to pursue an alternative charge, such as a money laundering offense as opposed to a bribery offense, or a lesser charge if it leads to more effective sanctions, such as confiscation on conviction, or dismissal/ disqualification from public office. If investigators are not trained or the investigations are not led by prosecutors, prosecutors should be involved at an early stage in the investigation. This should take place during case reviews.
