EXPERIENCES CONCERNING JIT Maja Veber ajn M Sc

EXPERIENCES CONCERNING JIT Maja Veber Šajn, M. Sc. Local State Prosecutor District State Prosecution Office in Ljubljana

What is a JIT? n operational investigation team, set up with the aim of investigating a complex case with international element and is composed of authorities from different states

JIT n n n cooperation of investigation teams (investigators, prosecutors) one or more European states working on one case – set up with a special purpose limited period of time conditions determined in a written contract

Idea of JITS n n insufficient police and judicial cooperation in cases of complex international organized crime (drug trafficking, terrorism) not just cooperation with the exchange of information and liaison officers, the need for close cooperation with the purpose of coordinating the investigation without borders – investigation is more effective if there is direct cooperation between the authorities of states in which criminal acts are being investigated first JIT was set up in 2004 between Great Britain and the Netherlands

What kind of cases? n n n international dimension is essential, not the seriousness of the criminal act also smaller cases, new experiences – basis for further cooperation and mutual trust whether a JIT is suitable for a case depends not on the dimension of the case but on all the circumstances of the investigation criminal act is related to at least two states complex investigation the need for coordinated investigation

Characteristics n n no “standard” JIT (depends on the complexity of the case, different legislation, criminal act, duration) 70 -80% of JITs are set up in cases regarding organized crime 90 -95% of JITs are bilateral JIT set up with 5 states

Legal framework (EU) n n Convention on Mutual Assistance in Criminal Matters Framework decision on Joint Investigation Teams (13 June 2002)

Legal framework (Other countries) n n bilateral agreements on mutual legal assistance (USA/EU) Police Cooperation Convention for Southeast Europe United Nations Convention against Transnational Organized Crime

Case background • • • suspicion of aggravated bribery 2007 - criminal intelligence information from the Austrian police relating to a money laundering case suspicious transactions report

Case background n n on the same day 3, 6 million Euros was transferred from Finnish company Patria to the account of Austrian company and then 2, 3 million was transferred to the account of a WW he then tried to transfer the money to different acoounts (Liechtenstein, Thailand, Austria) transfers were not affected because the bank consedered them suspicious money was returned to the account of Austrian company

Case background • • • Interpol dispatch investigation pointed to suspicion of bribes paid to Slovenian citizens in connection with the contract between Patria and the Ministry of Defence of the Republic of Slovenia for the purchase of 135 8 -wheel armoured vehicles (280 million EUR deal) Finnish, Austrian and Slovenian citizens involved

Investigation • • • Finland launched the investigation gathered intelligence on the case for over a year in order to collect background information to start pre-trial investigation several people were detained May 2008 - proposal by Finnish prosecutor General to set up a JIT cooperation with Finnish and Slovenian authorities began

JIT Agreement • • • 16. 6. 2008 joint investigation team agreement was signed between Slovenia and Finland legal basis for the JIT parties National Bureau of Investigation, Finland Supreme State Prosecution Office of the Republic of Slovenia

JIT Agreement Purpose of the JIT • • to create the best possible conditions for the competent Slovenian and Finnish authorities to jointly carry out an effective pre-trial investigation collect evidence conduct necessary hearings, implement the necessary coercive measures and other required investigation actions in Slovenia and Finland final purpose of the joint investigation - to impose criminal liability on the suspects

JIT Agreement • JIT leaders and competences of the members • • Slovenia: Higher State Prosecutor Finland: Detective Chief Inspector • different competent authorities for signing the JIT • legislation and other relevant rules and regulations of the country where the information is provided apply

JIT Agreement Confidentiality • the information obtained during the operation may not be used for purposes other than those for which the team was set up without the consent of the parties Organisational agreements • • • language English costs

JIT Agreement - provisions • • • period covered by the Agreement 30. 6. 2009 the expiry date may be extended by mutual consent

Operational plan 4. 7. 2008 • description of the case • actions to be taken • exchange of information (all information available) • leaders and members of the JIT • target persons (impose criminal liability on the suspects in their home country) • possibility for Austrian authorities to join •

JIT cooperation • • • lack of trust at the beginning many working meetings exchange of gathered evidence information regarding criminal legislation spring 2009 house searches and interviews in Slovenia

Annex • 1. 4. 2009 • Austria becomes a party to the JIT period covered by the agreement is extended until 31. 12. 2009

Joint activities n n n n May 2009 Finland – interviews working visits (14) exchange of evidence (e-mails, protocols of interviews, protocols of house searches at the working visits or via e-mail) exchange of information (Finnish and Austrian investigators in Slovenia) coordination of investigating measures September 2009 Austria – interviews October 2009 Slovenia - interviews

Joint activities n n agreed that each country prosecutes their nationals direct communication between investigators and prosecutors 2009 Eurojust was included (not as a member), some MLA requests were sent via Eurojust duration of the JIT extended until 30. 6. 2010

Weaknesses n lack of trust at the beginning n language barriers (translation) n differences in legislation

Strengths n n n n fast, direct exchange of information direct communication between investigators/prosecutors ability to directly request investigative measures between team members coordination of investigation the possibility to be present at house searches and interviews credibility of evidence – 3 states mutual trust

Results - Slovenia n n n summer 2010 indictment filed fall 2011 trial began 4 people accused of Accepting Benefits for Illegal Intermediation (Art 269 CC) 1 person accused of Giving of Gifts for Illegal Intermediation (Art 269. a CC) June 2013 - 3 people were convicted (2 years of imprisonment, 22 months of imprisonment, 37. 000 EUR fine) financial investigation

Results Slovenia n Misfeance in Office (Art 262 CC) acquittal - n Abuse of Office or Official Duties (Art 261 CC) – trial

Results in other countries n Austria – April 2013 - conviction, 3 years and 850. 000 EUR fine n Finland – trial

Slovenia – 2 nd JIT 2012 n n JIT set up with Germany, Hungary, Austria and Finland football bets – criminal act Unauthorised Acceptance of Gifts, Unauthorised Giving of Gifts

Conclusion n n tool for effective investigation of criminal acts with international element gaining of experience and mutual trust