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THE GOVERNMENT OF THE REPUBLIC OF HUNGARY :
Decree of the Government
on the governmental strategy against corruption
1022/2001. (III.14.)
The Government, realizing the content of this program, taking
into consideration the expectations of the society and the
international commitments - bearing in mind not forgetting
especially the principles and recommendations of the UNO,
the Council of Europe and the European Union in their documents
for the repression of the corruption, - desires to take definitive
measures in the interest of the protection of social and economic
life against corruption, resp. in the interest of the persecution
of the corruption phenomena with the means of criminal law
as efficacious as possible.
The Government accounting the circumstances facilitating
corruption, considering especially the experiences of the
previous periods, their motivating reasons, the social effects
perceptible also at present and keeping in mind some survival
phenomena, makes unanbiguous efforts reflecting the expextations
of Hungarian subjects, to create accountancy as transparent
as possible for the function of the factors, forming the economic,
state and the public opinion.
In the interest of these goals the Government decides about
the realization of the measures - beyond the resolute steps
taken till this time - as follows:
I. General legal surrounding
1. The economic interest of persons - fulfilling tasks
of executive power, furtheron in the sphere of economy with
public property, in the course of the allotment of the separated
amounts for outstanding organizations, for persons, in the
course of the alienation of goods, resp. the rights for the
use of these, for the granting of exclusive authorizations
( concessions), public procurement, - must not influence the
passing of the decisions of the offices.
According to their competency, the portofolios concerned
have to revise the rules of incompatibility for the spheres
of persons as described above. This revision has to include
the economy of the self governments and their authoritative
activity.
After the results of the revision, - also with regard to
the preparation of the modification of legal rules already
proceeding, resp. combined with them - the drafts of the necessary
modifications of the rules are to be submitted for the Government.
2. The Government deems it undesirable that the functioning
of the parties should be linked with supports of uncertain
origin. It is necessary to control with more efficiency the
sources of the estates and the financial support of the parties.
The conditions of an more efficient control are to be created
by provisions of law. It is reasonable to terminate the rules
of the economy of the parties, deviating from the general
rules.The possibility of a solution is to be examined, whether
the economic societies belonging into the sphere of interest
of the parties, must not participate in the procedure of public
procurement. Conformity must be reached between the rules
of accountancy and the economy of the parties. During the
preparatory work, the possibility of the solution is to be
examined that parties could get support exclusively from the
Central Budget, but on behalf of natural and other legal persons
support must not be accepted.
In the interest of the aforesaid the Law Nr. XXXIII from
the year 1989 on the functioning and economy of the parties
is to be revised and the necessary drafts of modification
of legal provisions are to be submitted for the Government.
3. In the case of the persons dealing public authority
activity, exposed in highest degree to the danger of corruption,
the possibility to check the obligatory complete controllable
declaration of fortune and the periodic control of the acquisition
of the fortune, is an primary requirement.
In this interest - regarding also to the preparation of the
modifications of legal rules already proceeding, - it is to
be examined that in the circle of persons obliged to make
the declaration of fortune, which would be the circle interior
where the public character of the declaration of the fortune
seems to be reasonable.
The government supports the intention that based on the appropriate
modification of law, the public opinion could be acquainted
with the declaration of the fortune of the members of Parliament.
4. Transparency should be more emphasized in respect
of the course of the preparation and establishing new legal
rules. It is necessary that for the public, the interest of
public order, social policy and economy and other interests
too become more visible, prevailing in the course of the creation
of legal rules.
In the interest of the aforementioned, the practical effectiveness
of the coordination-mechanism of the preparation of legal
rules is to be examined.
Efforts are to be made - either in the frame of the legal
norms being in force, or by establishing an separate lobby-law,
- to form such a system, which will aassure the possibility
of transparency of the relations between the organs responsible
for the preparation of the legal rules, the legislators, furtheron
the organizations acting in the procedure of legislation depending
on the subject, being concerned and interested ( based on
their registration).
Simultaneously efforts are to be made, which will assure
that also in the activity of the Parliament the procedure
of enforcement of the different interests towards the representatives,
will become transparent.
5. It is to be examined, considering the constitutional
principle of the publicity of data of public interest, whether
the sphere of the data which are to be considered according
to the legal norms as business secret ( bank, stocks) could
be reduced, especially in the field of economy of the public
property. It is reasonable to revise the rules of business
secrecy and to create the conformity with the requirement
of the publicity of data of common interest.
Depending on the result of the examination, the drafts of
the necessary modification of legal norms are to be submitted
for the Government.
6. According to the commitments undertaken in respect
of the harmonization of legal norms, the modification of law
of public procurement will take place. In the course of the
revision of the law of public procurement the followings are
to be taken into consideration in the aspect of fight against
corruption:
a) the rules of the data-supply are to be examined combined
with the performance of the contracts concluded in the public
procurement procedures, furtheron the consequences of unreasonable
contract modifications affecting the results of the basic
procedure, influencing the State Budget in an negative way
and a proposition is to be made for the establishing of
the enforcing organisation.
b) the possibility is to be examined how the law of public
procurement could make a difference according of the seriousness
of breach of law, the under limit of the penalty to be applied
in the remedy procedures.
7. In order of the repression of the misuse of the
procedure concerning the inland revenue, especially in connection
with the trade of inland revenue products, the legal rules
of the inland revenue products are to be revised.
In the frame of this activity it is to be examined, whether
it is reasonable to maintain such an legal regulation, where
beside products with duty, there exists simultaneously an
other circle of goods disposing about the same use value,
but duty free or with reduced duty, resp. taxable in an different
way.
Depending on the result of the examination, the necessary
drafts of modifications of legal norms are to be submitted
for the Government.
II.
Modification of legal norms in the sphere of criminal law
8. The Government - acknowledging the fact that the
immunity, based on the functioning in public office and on
the hindrance of the starting of criminal procedure, constitutes
an traditional element of the legal status for certain accentuated
public authorities in the legal regulation of the European
states, - but considers it as necessary that the immunity
for persons, practising public authority activity, elected
for a fixed period, should according to their function guarantee
only for the period of the appointment the intangibility and
does not mean the definite obstacle of the start of the criminal
procedure.
For this reason a proposition is to be submitted for the
modification of regulations of the Criminal Code in respect
of the prescription of culpability, according to manner that
for the counting of the time limit of the prescription of
culpability that time period will not count, for which the
criminal procedure could not start, because of immunity law,
due to the person of function in public law.
Simultaneously with the preparation of the proposition, the
provisions of the immunity law are to be revised too in the
interest to solve practical problems arisen till this time.
9. It is to be examined, whether the present rules
for the prohibiton of occupation could be applied in the case
of perpetrators of corruption for the definite prohibition
of occupation. The possibility is to be examined that under
the title of turning unworthy for practising the occupation
( unworthyness because of moral reasons), the prohibition
of occupation in respect of persons committing corruption
could be applied by virtue of the Criminal Code, in the case
given also in obligatory way, based on the law itself.
10. In the case of conviction because of crimes in
connection with organized criminality, the possibility should
be created for the confiscation of the fortune gained by the
perpetrator in the period of contact-keeping with the organized
criminality. The aspect of the regulation should have the
principles as follows:
a) The provable period of the committment of the crimes,
resp. during the provable period of connection keeping with
organized criminality acquired, and in the case of concealed
fortune in the case of tax obligation the authority could
presume the unlawfulness of the enrichment;
b) Persons involved in the procedure shall give evidence
of the lawful origin of the enrichment to refute the presumption.
c) In the interest of the enforcing of the principles according
to subclauses a/-b/, the possibility of the establishing
of legal norms for the home application of financial background
investigation, well known in Western Europe, are to be created.
11. The titles VII. and VIII. of the XV. Chapter of
the Criminal Code are to be revised according to the aspects
as follows:
a) The limits of the punishments because of corruption
should be harder.
b) In the order of more effective measures against the
passive briber, such legal regulation is to be created by
which for the active briber, the termination of the criminal
investigation as reason of non culpability will be assured
for that person if he reveals the case for the authority
- before the authority gets information on the criminal
case - and the person enables the investigation authority
to identify the person of the passive briber. In conformity
with this regulation the exemption of the testimony as legal
possibility is to be transformed.
12. The possibility of the culpability of the officials
is to be created if getting information of a corruption case,
but neglecting their obligation of denunciation.
13. In conformity with the documents of the UNO, Europa
Council, OECD and the European Union, especially in fulfilling
the expectations of the law harmonization of the Union and
the international obligations being in force, it is necessary
to create retaining sanctions against legal persons, resp.
to create efficacious application possibilities. In the frame
of this task:
a) international comparative examination is to be made
about the foreign experiences in respect of sanctions of
criminal law against legal persons (economic organizations).
b) Certain group of cases are to be examined, where in
the actual case against the legal persons resp. against
their senior officers, repressive prejudice can be applied.
c) It is to be examined how this target can be realized
in the most efficient way, by regulation in the field of
civil-, state administrative- or criminal-law.
d) Also into the sphere of examinations belongs the task,
how the determined target, in the most effective way can
be realized, - regarding the Hungarian internal legal traditions,
the requirements of the constitutional law - either by modification
of the laws being now in force, or be creating a separate
Act.
According to the result of the examination, the draft of
the necessary legal norms are to be submitted for the Government.
14. In the interest of an coordinated, more efficient
action against the corruption crimes, resp. crimes of corrupt
character, it is reasonable to conduct the intelligence and
investigation of such cases by an organizational concentrated
method. The possibility is to be examined and depending on
the result, the necessary drafts of modification of legal
norms are te be submitted for the Government.
III. Measures to be taken, legislation
not involved
15. The Government devotes emphasized attention for
giving trustworthy, ethical and responsible information against
organized economic criminality resp. fight against corruption.
It is the duty of the state organs, to inform in authentic
way regularly and continuously about the termination of the
actual case the national news agency and the media, respecting
the interests of the state-safety, crime investigation and
administration of justice, simultaneously with regard to the
personal rights.
16. In the interest of the more effective acting against
corruption, it is necessary to elaborate such dispositions
which include the increased control of organs acting as public
power, authority licence and the activity of their employees,
and - considering the aspects of prevention of crime - the
training, instruction of employees of this organs. The principles
as follows must be observed:
a) An important role is to be attributed to the transparency,
to the follow up of the decisions. In this interest efforts
are to be made primarly for the forming of such internal
control mechanism, where the decisions of the public authority,
of other authorities and the reasons of the decisions become
evident and accountable for the controllers.
b) In the interest to reduce the risk of corruption combined
with the decision of the public authority and other authorities
- respecting the requirement of the relevant legal norms
- efforts are to be made to elaborate such provisions which
dispose about the collective preparation, decision making
in the field of public authority and other authority decisions,
exposed harder to the corruption.
c) It is necessary that the disposition projects shall
take care also for the training of the persons who participate
in the preparation of the executive power decisions exposed
to corruption, in the interest that for the training participants
it should be evident what is the nature of corruption, his
possible reasons and his consequences. The local characteristics
of the actual field given are to be taken into consideration
when disposing about the subject-matter of instruction,
furtheron about the summary of the lectures, their form
and the framework of organization.
d) In the interest for acquiring of knowledge for persons
acting professional against corruption, the possibilities
of support, offered by the European Union in the form of
study-tours, instructions, the already existing possibilities
in the framework of international cooperation are to be
utilized by the organs concerned in suitable way, resp.
efforts are to be made for the enlargement of the international
cooperation.
e) In the interest for the transparency of decisions, exposed
to corruption increased, to be enabled to follow the procedure
of the decisions, the possibility is to be created that
the public opinion could form a real picture about these
decisions, about the process of their preparation, the progression
of the decisions, the participants, resp. the reasons of
such decisions. Therefore in the project plans the importance
of the communication activity of the organizations concerned,
the communication relation of these organizations with the
media - and in the frame of this, the information for the
press, corresponding with the facts and provable by documents,
- is to be emphasized.
17. In the interest of the promotion of the different
forms of behaviour on the field of state education, based
on the framework of programme of courses, resp. combined with
the different modul elements of programme of courses and subject
of instructions, including - the topics " knowledge for citizens
and social acquirements" and "knowledge of human character
and moral" an educational programme is to be elaborated.
It is reasonable that the education of the basic informations
in respect of the prevention of corruption especially the
recognition of the risk of corruption, his avoidance, his
prevention and their home legal regulation should be included
.
18. Measures are to be taken for the more efficient
possibilities for cooperation between authorities obliged
to act against corruption and citizens ready on their behalf
to support the fight against corruption. In the interest of
the aforementioned, the possibilities are to be created that
citizens will be enabled to give informations via Internet
for the authorities competent to act in this sphere, to have
consultations. In the interest, to facilitate the cooperation
with citizens, further technical possibilities of the contact-maintenance
are to be examined.
19. Within the criminal statistical data in the sphere
of corrupt crimes, it seems to be reasonable, to register
crimes of corrupt character. Especially crimes against the
order of elections are concerned ( plebiscite, initiatives
of inhabitants), furtheron misuse in the office, accessory
after the fact, resp. their singular cases. In conformity
with the aforegoings, the system of the data supply and data
collecting in the criminal statistics are be transformed.
20. In the opinion of the Government it is reasonable
- in order to promote the effectiveness of the governmental
strategy against corruption, the observing of the results
of research of public opinion and other examinations, their
analysis and based on these, for the the preparation of the
necessary governmental decisions - to establish an Board against
Corruption.
The members of the Board will be asked consenting, by the
Minister of Justice, the Minister of Home Affairs and the
Minister leading the Prime Ministers Office.
IV.
21. The Government attributes stressed importance
to the condition that in respect of the activity of organizations
in the field of the State Budget, resp. the activity of the
economic organizations in the overwhelming part in state property,
the persons who perform audit, fortune assessing, financial
consultation activity, should perform their duties envisaging
the interests of the State Budget.
In the interest of this target it is to be examined - in
comparison with the situation at present - whether modifications
in the field of organization or regulation are to be realized.
It is of special importance to check, how could be the risk
of information-concentration eliminated and whether the regulation
valid for these specialized fields, how fare are in conformity
with norms and practice on international level accepted.
The Chairman of the State Audit Office and the Hungarian
Chamber of Audits are invited to participate in this examination.
22.The taxation system is to be revised. In order
to reduce the possibility of accumulation of financial means
of obscure origin, resp. the possibility to use these with
the aim of corruption. Depending on the result of the revision
the draft of the necessary amendments of legal rules are to
be prepared and to be submitted for the Government.
23. In the opinion of the Government it is important
that in the interest of giving authentic information and to
protect the presumption of innonce of the accused person,
the public opinion could be acquainted with the subject-matter
of the court's decisions in cases of corruption or character
of corruption.
In this interest in the opinion of the Government, such information
would be suitable, by which the content of the court's decision
could be known in comprehensive manner. This comprehensive
material should name the person concerned, the legal qualification
of the crime accused, resp. in the case of dismissal, the
legal consequences applied against the interested person.
It is reasonable if the information includes the merit of
the actual circumstances, the reasons of the legal qualification
and should also demonstrate the circumstances, relevant for
the measure of the applied punishment.
The Government calls the National Iudical Council, to promote
the information of the public opinion through the spokesman
of the court, with regard to the aspects as mentioned above.
24. The Government calls the National Iudical Council,
to cooperate in the elaborating of the drafts of the modifications
of legal norms figurating in the points 1., 3. and 19. of
the present Decree, furtheron to promote in his sphere of
activity the execution of the tasks of the strategy against
corruption.
25. The Government calls the Attorney General, to
cooperate in the execution of the tasks, figurating in points
1., 3., 7., 14., 15., 16., 18. and 19. of the present Decree.
26. The Government calls the professional organizations
concerned - in connection with point 16. of the present Decree,
- to elaborate such codes of behaviour with fundamental ethic
expectations for persons working in professional and activity
branches exposed to the danger of corruption, which codes
are able to realize such expectations of the society in such
life circumstances which cannot be influenced by legal norms
resp. by the legal practice.
27. It is the duty of the portofolios concerned, to
perform the tasks of the present Decree according to their
competency. The coordination of the performing of the tasks
is the obligation of the Minister of Justice. The Government
calls the Minister of Justice to follow up in the frame of
this duty the accomplishment of the tasks, the observation
of the deadlines, to initiate the submission of the modifications
of legal norms at the portofolios concerned.
Viktor ORBÁN Prime Minister
Budapest, 2 March 2001.
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