Corruption in Judiciary

Kregar Josip

Economy & DemocracyDubrovnik 9/25/2002

Corruption

Do you think that corruption exists in croatian judiciary? (Jutranji list, 03.04.2001)

Yes 96,7%Yes 96,7%No 3,3%

Are public oppinion on corruption researches reliable?

Yes• the people say what

they think• per cogitationem nemo

poenam patitur• personal experience

No• who can measure

corruption ?• The “lusers” are

biased

Nations in Transition

1997 Administration 4,00 Jud. 4.75

1998 Administration 4,00 Jud. 4.75

2000 Administration 4,00 Jud. 4.75

2001 Administration 4,00 Jud. 3.75

Six Most Important Obstacles for DoingGood Business in Croatia

(Based on percent saying “very serious obstacle”)

77 7671 68 67

57

0%

20%

40%

60%

80%

100%

Corruption Crime andinsecurity

Lack of text oflaws

Politicalinstability

Tax regulations Changes in lawsand regulations

Is it likely that a company would have to offer money, presents or favours (beyond official

charges) to Officials in Courts?

30 27

1115

33

1624

35

0%

20%

40%

60%

80%

100%

Zagreb Bucharest Budapest Kiev Minsk Moscow Sofia Vilnius

Do you think that there is a lot of corruption involved in?– Arbitration/Litigation

49

39

13

25

40

2024 23

0%

20%

40%

60%

80%

100%

Zagreb Bucharest Budapest Kiev Minsk Moscow Sofia Vilnius

Number of Accusation

• No judge was sanctioned because of corruption after 1990

• Wat was not interpereted as corruption

• Corruption is not an open and visible act

Number of Accusation

• statistic of Corr. Cases:

»registered 3316» accusation 1408» verdicts 570

» 75% probation (426)

» lower fifth fines

»14 jail ed with minimal

Dark Numbers of Criminality

• Corruption (?) or rape (15%)

Relativisation

• The judiciary is not different from its social enviroment

• Judges and peole act rationaly

• “Party line” of promotion

• Low wages of judges

• Respect for law

Relativisation

• The judiciary is organization and institution

• Judges do have ethics beyond average people

• The are responsible

• Litigation is not market

• Respect for law - lawyers first