Corruption in eastern European judicial systems and its effects on proceedings in other countries

Abstract

In the context of the provision of mutual legal assistance, prosecutors, judges and criminal defence lawyers are frequently confronted with criminal proceedings established in east European countries inside or outside the EU. For this reason, coercive measures are regularly requested and often even taken in western countries on the basis of these foreign proceedings. Allegations that proceedings in some east European countries have been manipulated, or even completely fabricated, have become increasingly common. So far, research and teaching have focused on politically motivated procedures, but this article addresses the influence over legal procedures in western countries resulting from bribes paid to east European officials. Referring overtly to ‘eastern Europe’ in general, the authors use a field report, drawing on their experience and practice in German-speaking countries, to describe the potential for abuse in this area. They call on judicial systems in western countries to advance cautiously in such proceedings and to pay close attention to the paperwork and procedures in the country which is seeking assistance.