FINLAND
has proactively investigated seven allegations of Finnish individuals
or companies paying bribes to foreign public officials since 1999 but
needs to address its discouragingly high acquittal rate. Each of the
five cases that have progressed to prosecution has resulted in the
acquittal of all parties for foreign bribery. Finland needs to do more
to ensure that judges are equipped to enforce foreign bribery, a
ccording to a new report by the OECD Working Group on Bribery.
The
Group has just completed its evaluation of Finland's implementation and
enforcement of the Convention on Combating Bribery of Foreign Public
Officials and related instruments. The report praises the detection and
investigation efforts of the National Bureau of Investigation (NBI) as
well as the Prosecution's efforts to bring cases to court, but concludes
that Finland's overall enforcement efforts have been hampered by the
Finnish courts' practical application of the foreign bribery offence.
The Group made a range of recommendations, including that Finland should:
++
Ensure that foreign bribery cases are heard by courts or judges with
specialised skills and experience in economic crime and corruption
cases;
++
Provide detailed written information and training to judges,
prosecutors, and investigators on the foreign bribery offence and its
application; and
++ Enact clear and comprehensive legislation to protect whistleblowers.
Finland's
report was adopted by the 44 members of the OECD Working Group on
Bribery on 16March2017. The report is part of the OECD Working Group on
Bribery's fourth phase of monitoring, launched in 2016. Phase IV looks
at the evaluated country's particular challenges and positive
achievements. It also explores issues such as detection, enforcement,
corporate liability, and international cooperation, as well as covering
unresolved issues from prior reports.
Finland
is not subject to any exceptional measures and in accordance with the
standard procedure will submit a written report to the Working Group
within two years on steps taken to implement these recommendations.
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