The OECD Working Group on Bribery has praised the actions of the Finnish police in international bribery cases. A number of practices were singled out for praise: the active and independent investigation of suspected crimes, the use of a written investigation plan, and the establishment and use of joint investigation teams.
The Working Group also referred to joint investigation teams and written investigation plans as good practices, which could serve as models for the authorities of other countries. A joint investigation team refers to a collaborative group formed by the investigating authorities of two or more countries to investigate a certain criminal case. In such a case, the teams’ investigative activities and their allocation can be jointly planned and scheduled more easily than via standard procedures, and any evidence gathered can be used more flexibly.
In Finland, written investigation plans have been a key tool in the investigation of financial crime for years: issues to be investigated and alternative courses of action, as agreed with the prosecutor, are entered into such a plan. The plan is updated as the investigation progresses and helps to structure highly involved and extensive financial crimes. An investigation plan also assists in the management of investigation times and cooperation between authorities.
In practice, cases of suspected international bribery as defined by the OECD Convention are investigated by the National Bureau of Investigation (NBI). The OECD praised the NBI for its active use of powers regarding pre-trial investigations and coercive measures in investigations that have now been closed. It was also praised for its ability to independently detect suspected bribery through multiple sources: for example, of information provided by embassies, the media, individual informants, the Financial Intelligence Unit and other states.
The OECD’s Working Group includes member states that have adopted the OECD Convention on Combating Bribery of Foreign Public Officials in International Business Transactions. According to the Convention, its implementation in member states is monitored through country evaluations which usually involve representatives of two other member states.
Finland was inspected in October 2016. On that occasion, representatives from the Netherlands and Luxembourg – who were professionals in crime investigation, prosecution and anti-bribery activities in their own countries – were involved. Prior to that, Finland was inspected in 2010; the OECD is of the view that the public authorities’ commitment to anti-corruption has increased since then.
The OECD sees room for improvement in areas such as the right of the tax authorities to hand over information to the police, and recognition of the characteristics of bribery offences committed by foreign officials at each stage of the criminal justice process and when defining the proceeds of crime. Finland must report to the Working Group on these issues within two years.
OECD’s press release
OECD report: Implementing the OECD Anti-Bribery Convention - Phase 4 Finland
