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ANTI-CORRUPTION AND. FIGHT AGAINST ORGANISED CRIME. EUROPEAN INTEGRATION AND ... Law on the Anti-Corruption Agency ... Anti-Corruption Agency - is an autonomous ... – PowerPoint PPT presentation

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Title: E E


1
www.mpravde.gov.rs
PROGRESS OF THE REPUBLIC OF SERBIA IN JUDICIAL
REFORM ACTIVITIES OF THE MINISTRY OF JUSTICE
December 2008
2
LEGISLATIVE ACTIVITIES? 17 LAWS ADOPTED
BY THE GOVERNMENT OF THE REPUBLIC OF SERBIA
WITHIN 6 MONTHS
www.mpravde.gov.rs
3
? Laws adopted by the National Assembly of
the Republic of Serbia A Set of Anti-Corruption
Laws- Law on the Anti-Corruption Agency - Law
Amending the Law on Financing of Political
Parties - Law on Seizure and Confiscation of the
Proceeds From Crime - Law on the Liability of
Legal Entities for Criminal Offences - Law on
Personal Data Protection- Law on Confirmation of
the Additional Protocol to the Convention for the
Protection of Individuals with Regard to
Automatic Processing of Personal Data, Regarding
Supervisory Authorities and Trans-Border Data
FlowsA Set of Judicial Laws adopted by the
National Assembly- Law on the High Court
Council- Law on the State Prosecutorial Council
- Law on Judges- Law on Public Prosecutors -
Law on the Organisation of Courts- Law on Seats
and Territories of Courts and Public Prosecutors
Offices - Amendments to the Law on
Misdemeanour? Laws Adopted by the Government of
the Republic of Serbia - Draft Amendments to the
Criminal Procedure Code - Draft Amendments to
the Organisation and Jurisdiction of Government
Authorities in Suppression of Organised Crime Law
- Draft Amendments to the Civil Procedure Code.

www.mpravde.gov.rs
4
IMPROVEMENTS OF THE SYSTEM
? system for automatic case management
established and operational in ALL first-instance
commercial courts in Serbia ? 19 district
courts computerised with up-to-date equipment
? improved security and technical working
conditions in judiciary ? conditions created
for the functioning of alternative sanctions
www.mpravde.gov.rs
5
SYSTEMATIC REFORM OF JUDICIARYNEW ORGANISATION
AND JURISDICTION OF JUDICIARYANTI-CORRUPTION
AND FIGHT AGAINST ORGANISED CRIME EUROPEAN
INTEGRATION AND VISA LIBERALISATION PROCESS IT
MODERNISATION OF COURTS IMPROVEMENT OF THE
SYSTEM FOR ENFORCEMENT OF PENAL SANCTIONS
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6
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SYSTEMATIC REFORM OF JUDICIARYGoal?
independent, efficient, accountable and
transparent judiciary Review Findings- 4 316
criminal cases under statute of limitations for
the period of 2002 to June 2007 - soft penal
policy, on the edge of lawful minimum, in
particular for the following criminal offences
murder, aggravated murder, rape, drugs, family
violence, abuse of office- In 2007 a Judge of
the Municipal Court in Odzaci was murdered
whereas President of the Municipal Court in
Knjazevac was also murdered in 2008- 93 treats
on bombs set in courts - a disproportionate
relation of judges in municipal and district
courts and case allocations - 2 974 persons
employed in the last three years, efficiency
being significantly lower(through implementation
of an action plan the number of staff reduced by
1183)
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? Accomplished? a judiciary package laws
drafted - Draft Law on High Court Council-
Draft Law on State Prosecutorial Council- Draft
Law on Judges- Draft Law on Public Prosecutors
- Draft Law on Organisation of Courts- Draft
Law on Seats and Territories of Courts and Public
Prosecutors Offices - Draft Amendments to the
Law on Misdemeanour and adopted by the National
Assembly of the Republic of Serbia
8
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Reorganization of Judiciary
NetworkObjectives? more impartial and objective
trials? improved efficiency of case
proceedings? improved access to justice ?
specialisation of courts? Accomplished? Draft
Law on Seats and Territories of Courts and Public
Prosecutors Offices has regulated the
reorganization of the judiciary network
Reorganization of the judiciary network has been
reviewed and developed based on new cases
received in the period of three years, with
respect to changed jurisdictions of courts,
geographic distance between seats of courts,
national minorities, and border areas,
communication lines and the number of inhabitants
were taken into account.
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Set-Up of Judicial Academy Objectives?
enhancement of independence and efficiency of
judiciary ? election of judges subject to
objective and measurable criteria ?
Accomplished? Draft version of the Law on
Judicial Academy developed In addition to
ongoing training successfully conducted in the
Republic of Serbia also today, the Law on
Judicial Academy shall establish initial training
as a key criterion for the initial election of
judges and public prosecutors, and eliminate the
political influence characteristic of former
times.
10
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Modernisation of Infrastructure
of Judicial Facilities
Objectives? provide adequate working
conditions ? improve access to justice?
Accomplished? construction works on the building
in 9 Nemanjina St. completed, procurement of
required equipment in progress ? construction
works regarding reconstruction of a special
courtroom at the Belgrade District Prison
completed
11
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  • Accomplished? Memorandum of Understanding signed
    between the Ministry of Justice and the City of
    Novi Sad to provide infrastructural conditions
    for judicial institutions and the City
    Administration of Novi Sad ? public calls are
    in progress for the selection of implementing
    partners for the reconstruction of facilities
    that will accommodate the Appellate Court in
    Kragujevac and the Appellate Court in Nis ?
    facilities are being provided and working
    conditions created for operations of public
    prosecutors offices in Belgrade and the
    Prosecutors State Council ? in 20 municipal
    courts Information Desks have been established,
    including the exit/entrance ramps to allow access
    for disabled people, registry offices
    refurbished, with funds donated by the Kingdom of
    Norway

12
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Improvement of
Security Systems in Judicial
Facilities Objectives? safety of staff and
citizens ? smooth functioning of judiciary ?
Accomplished? significantly increased capacities
of judicial guards- conditions created for
involvement of 750 judicial guards- judicial
guards trained- judicial guard uniforms procured
? improved security and technical working
conditions- courts equipped with metal-detector
doors, X-ray devices and hand metal-detectors-
video surveillance system is being introduced in
10 district courts
13
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Anti-Corruption and Fight
Against Organised Crime
Objectives? establish a legal framework and
capacities to combat corruption, organised crime
and human trafficking ? implement international
obligations and recommendations (GRECO, UN, EU)
? Accomplished? National Assembly of the
Republic of Serbia has passed- Law on the
Anti-Corruption Agency- Amendments to the Law on
Financing of Political Parties - Law on Seizure
and Confiscation of the Proceeds from Crime -
Law on the Liability of Legal Entities for
Criminal Offences
14
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www.mpravde.gov.rs
Law on the Anti-Corruption Agency governs
establishment, legal status, competence,
organisation and manner of operations of the
Anti-Corruption Agency, rules in respect of
prevention of conflict of interest in discharge
of public office and reports on assets of persons
in public office, procedure and the decision
making process in the event of violation of this
Law, introduction of integrity plans, and other
issues relevant to the Agency operations.Anti-Co
rruption Agency - is an autonomous and
independent government agency - the Agency is
accountable to the National Assembly for
conducting operations under its competence- the
Agency bodies are the Board (9 members) and
Director
15
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CRIMINAL JUSTICE LEGISLATION REFORM? In
preparation - Criminal Code - New Criminal
Procedure Code which will introduce prosecutors
investigation- Law on Mutual Legal Assistance in
Criminal Matters - Law on Enforcement of Penal
Sanctions- Law on Ratification of the CoE
Convention on Cyber Crime and the Additional
Protocol to the Convention on Cyber Crime,
concerning the criminalisation of acts of a
racist and xenophobic nature committed through
computer systems- Law on Ratification of the CoE
Convention on Action against Trafficking in Human
Beings - Law on Ratification of the CoE
Convention on Laundering, Search, Seizure and
Confiscation of the Proceeds from Crime and on
the Financing of Terrorism - Law on Ratification
of the CoE Convention on the Prevention of
Terrorism - Law on Ratification of the Protocol
Amending the European Convention on the
Suppression of Terrorism
16
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European Integration Process
and Visa Liberalisation
Objectives? harmonise the Republic of Serbia
legislation with EU legal achievements and set up
European standards in judiciary ? meet
requirements for establishing the visa free
regime for citizens of Serbia ? Accomplished?
data protection related laws passed by the
National Assembly- Law on Personal Data
Protection- Law on Confirmation of the
Additional Protocol to the Convention for the
Protection of Individuals with regard to
Automatic Processing of Personal Data, regarding
Supervisory Authorities and Trans-Border Data
Flows
17
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www.mpravde.gov.rs
? Accomplished? within the National
Integration Programme of the Republic of Serbia a
part of a strategic document related to the rule
of lawhas been developed ? a part of the
Readiness Report of the Republic of Serbia for
the liberalisation of the visa regime has been
prepared in the area of judiciary, as well as
Annex to the Report and responses to comments?
Protocol of Cooperation with the Ministry of
Justice of the Republic of France signed in
October 2008
18
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IT Modernisation of Judiciary Objectives?
improve efficiency and transparency ? attract
foreign investments ? Accomplished? Draft
Strategy developed for introducing the e-justice
system ? 19 district courts computerised with
up-to-date equipment ? Automatic case management
system established and operational in all
first-instance commercial courts in Serbia ? New
website of the Ministry of Justice and the
Directorate for Enforcement of Prison Sanctions
developed
19
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  • Improvement of the System
  • for Enforcement of Prison Sanctions
    Objectives? keep every person deprived of
    freedom in a safe and secure manner and in humane
    conditions ? implement new programmes on
    treatment of special categories of persons
    deprived of freedom and introduce alternative
    sanctions
  • ? take care of convicts after release and reduce
    the number of returnees
  • ? Accomplished? construction of new and
    reconstruction of existing accommodation
    capacities final construction work on the
    facility in Novi Pazar
  • reconstruction of the internal part of the
    psychiatric ward at the Special Prison Hospital
    in Belgrade completed
  • construction work completed, and installations
    work started at KPZ Padinska skela

20
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  • Accomplished? conditions set up for functioning
    of alternative sanctions- reconstruction and
    furnishing completed of premises for operations
    of the service of alternative sanction officers
    - officers, judges and prosecutors from the
    territory of the Belgrade District Court
    trained? juvenile treatment reform- new
    individualised juvenile treatments introduced -
    all services within juvenile institutions trained

21
MINISTRY OF JUSTICE REPUBLIC OF SERBIA22-26
Nemanjina St.,11000 Belgradewww.mpravde.gov.rs
www.mpravde.gov.rs
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