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Gathering evidence in the investigation of corruption cases Special Investigation Service of the Republic of Lithuania
Gathering evidence in the investigation of corruption cases
Special Investigation Service of the Republic of Lithuania
Criminal prosecution
Criminal prosecution
Anti-Corruption prevention
Anti-Corruption prevention
Anti-Corruption education
Anti-Corruption education
Anti-Corruption education
Anti-Corruption education
Anti-Corruption analytical
surveilance
Special Investigation Service
Special Investigation Service
STRUCTURE
1st Deputy Director
1st Deputy Director
Deputy Director Deputy Director
First Department First Department
Second Department Second Department
Vilnius Department Vilnius Department
Kaunas Department Kaunas Department
Šiauliai Department Šiauliai Department
Klaipėda Department Klaipėda Department
Panevėžys Department Panevėžys Department
Administrative Department
Administrative Department
Corruption Prevention
Department
Corruption Prevention
Department
Anti-Corruption Assessment division
Anti-Corruption Assessment division
Corruption Risk Analysis Division Corruption Risk
Analysis Division
Finance Division Finance Division
Planning Division Planning Division
Security Division Security Division
Internal Audit Division
Internal Audit Division
Legal Division Legal Division
International Relations Division
International Relations Division
Logistic Division Logistic Division
Complains Division Complains Division
IT Division IT Division
Procurement Division Procurement Division
Personnel Division
Personnel Division
Public Relations Division
Public Relations Division
Director Director
Special Investigation Service
STRUCTURE
1st Deputy Director
1st Deputy Director
Deputy Director Deputy Director
First Department First Department
Second Department Second Department
Vilnius Department Vilnius Department
Kaunas Department Kaunas Department
Šiauliai Department Šiauliai Department
Klaipėda Department Klaipėda Department
Panevėžys Department Panevėžys Department
Administrative Department
Administrative Department
Corruption Prevention
Department
Corruption Prevention
Department
Anti-Corruption Assessment division
Anti-Corruption Assessment division
Corruption Risk Analysis Division Corruption Risk
Analysis Division
Finance Division Finance Division
Planning Division Planning Division
Security Division Security Division
Internal Audit Division
Internal Audit Division
Legal Division Legal Division
International Relations Division
International Relations Division
Logistic Division Logistic Division
Complains Division Complains Division
IT Division IT Division
Procurement Division Procurement Division
Personnel Division
Personnel Division
Public Relations Division
Public Relations Division
Director Director
Criminal Prosecution Criminal Prosecution
Special Investigation Service
Pre - Trial investigation Pre - Trial investigation Criminal intelligence investigation Criminal intelligence investigation
Covert Pre- Trial investigation
Covert Pre- Trial investigation
Public Pre- Trial investigation
Public Pre- Trial investigation
Criminal intelligence investigation
using sanctioned technical means and
other techniques
Criminal intelligence investigation
using sanctioned technical means and
other techniques
Verification of preliminary
criminal intelligence information
without sanctioned
technical means and techniques
Verification of preliminary
criminal intelligence information
without sanctioned
technical means and techniques
PROACTIVE PROACTIVE REACTIVE REACTIVE
TYPES OF INVESTIGATIONS
ELEMENTS OF CRIME TO BE PROVEN
Mental state (Mens rea)
Mental state (Mens rea)
Conduct (Actus reus)
Conduct (Actus reus)
Concurrence Concurrence Causation
BRIBERY TRADE IN INFLUENCE
ABUSE OF POWER
EVIDENCE GATHERING
REACTIVE INVESTIGATION: • Interviews (Testimonies) • Interrogations • Inquiries • Seizures • Searches • Examination of documents • Forensic expertize
Causation Causation
Concurrence Concurrence
Conduct (Actus reus)
Conduct (Actus reus)
Mental state (Mens rea)
Mental state (Mens rea)
EVIDENCE GATHERING
PROACTIVE INVESTIGATION: • Interviews (Testimonies) • Interrogations • Inquiries • Seizures • Searches • Examination of documents • Forensic expertize
----------------------------------------- • Wiretaping • Interception of communications • Eavesdropping • Surveilance • Sting operations • Covert entry searches • Use of informants
PROACTIVE INVESTIGATION: • Interviews (Testimonies) • Interrogations • Inquiries • Seizures • Searches • Examination of documents • Forensic expertize
----------------------------------------- • Wiretaping • Interception of communications • Eavesdropping • Surveilance • Sting operations • Covert entry searches • Use of informants
Causation Causation
Concurrence Concurrence
Conduct (Actus reus)
Conduct (Actus reus)
Mental state (Mens rea)
Mental state (Mens rea)
BRIBERY
BRIBE
Civil servant
For his own benefit
For benefit of third person
Directly
Indirectly
Himself
Through an intermediary
Himself
Himself
Himself
Directly
Indirectly
Promised to take
Agreed to take
Demanded
Provoked to give
Received
For lawful
For unlawful
Action performing his duties
Absence of action performing his duties
Action performing his duties
Absence of action performing his duties
For acceptance
For exclusive position
Person equivalent to the civil servant
Through an intermediary
Through an intermediary
Through an intermediary
EVIDENCE GATHERING
INVESTIGATIVE MEANS: • Interviews (Testimonies) • Inquiries • Seizures • Searches • Examination of documents • Forensic expertize
----------------------------------------- • Interrogations • Wiretaping • Interception of communications • Eavesdropping • Surveilance • Sting operations • Covert entry searches • Use of informants
INVESTIGATIVE MEANS: • Interviews (Testimonies) • Inquiries • Seizures • Searches • Examination of documents • Forensic expertize
----------------------------------------- • Interrogations • Wiretaping • Interception of communications • Eavesdropping • Surveilance • Sting operations • Covert entry searches • Use of informants
Causation Causation
Concurrence Concurrence
EVIDENCE GATHERING
INVESTIGATIVE MEANS: • Interviews (Testimonies) • Inquiries • Seizures • Searches • Examination of documents • Forensic expertize
----------------------------------------- • Interrogations • Wiretaping • Interception of communications • Eavesdropping • Surveilance • Sting operations • Covert entry searches • Use of informants
INVESTIGATIVE MEANS: • Interviews (Testimonies) • Inquiries • Seizures • Searches • Examination of documents • Forensic expertize
----------------------------------------- • Interrogations • Wiretaping • Interception of communications • Eavesdropping • Surveilance • Sting operations • Covert entry searches • Use of informants
Conduct (Actus reus)
Conduct (Actus reus)
Mental state (Mens rea)
Mental state (Mens rea)
SCOPE OF INVESTIGATION
REACTIVE INVESTIGATION
PROACTIVE INVESTIGATION
CREDIBILITY OF THE EVIDENCE
OBTAINED BY • Wiretaping • Interception of communications • Eavesdropping • Surveilance • Covert entry searches
• Sting operations • Inquiries • Seizures • Searches • Forensic expertize • Examination of documents • Interviews (Testimonies) • Interrogations
UNBIASED DATA
RELIABLE DATA
UNRELIABLE DATA
CHALLENGES GATHERING EVIDENCE
COMMUNICATION
• Meetings of the suspects on earlier preset times / places • Meetings in private premises, areas with restricted access • Meetings in the places out of the jurisdiction of the state
• Use of chat applications (Viber, Telegram, WhatsApp, Signal
and etc.) for communication
• Use of the notes, hand writing or typing on the mobile phone
during meetings • Use of coded language
CHALLENGES GATHERING EVIDENCE
ACTIONS LEAVING NO TRACE • Rules and procedures regarding giving commands / orders to
subordinates are bypased
• Authority to sign documents / contracts is delegated to
unconnected individuals after the actions to influence the outcome of the procedures are completed
• Formal legal grounds for the illegal actions are created in
advance to hide the motive of actions ( e.g. public interest)
CHALLENGES GATHERING EVIDENCE
BRIBES • The bribes are concealed under legitimate payments such as
donations to the charity funds, non profit organizations; • Bribes are converted from money transfers to free/ prepaid
services using the chain of connected companies;
• Bribes are being given to the third persons, having not obvious
relation to a corrupt public official;
• Bribes are being given in cash, flush funds are generated in the companies, not directly involved in the bribing scheme.
INFLUENCE BY THE DIGITAL TECHNOLOGIES
PROS
• Extent of the information which potentially can be used in the investigations
• Speed of information exchange • Fever human resources needed for proactive investigations
CONS
• Necessity to update knowledge for everyone involved in
investigations to understand digital evidence • Necessity of expensive tools (software) to analyze / examine
digital information obtained • Necessity to overcome challenges caused by encryption of
digital communication and data storage
PRECAUTION VS FORGETFULNESS
Percentage Percentage
PRECAUTION VS FORGETFULNESS
Percentage Percentage
Source of funding
Source of funding
PRECAUTION VS FORGETFULNESS
Percentage Percentage
Source of funding
Source of funding
Value of contract Value of contract
PRECAUTION VS FORGETFULNESS
Percentage Percentage
Source of funding
Source of funding
Value of kickback Value of
kickback
Value of contract Value of contract
PRECAUTION VS FORGETFULNESS
Special Investigation Service
of the Republic of Lithuania
Daumantas Pocius Head of Second department Special Investigation Service of the Republic of Lithuania [email protected]
