Whistleblowers and Justice Collaborator
The particular nature of the crime is serious corruption, terrorism, narcotics crime, the crime of money laundering, trafficking in persons, as well as other criminal acts that are organized, have caused a problem and a serious threat to the stability and security of society so as to undermine the institutions and values of democracy, ethical values and justice and jeopardizing sustainable development and the rule of law.
In article 37 of the UN Anti-corruption Convention (United Nations Convention Against Corruption) 2003 explains: Each country is obliged to consider the possibility in certain cases, "reduce the penalty" of a principal that provides substantial cooperation in the investigation or prosecution of a crime that is applied in the Convention (paragraph 2).
Each country is obliged to consider the possibility in accordance with basic principles of its national law to provide "immunity from prosecution" for giving substantial cooperation in the investigation or prosecution (Justice Collaborator) a criminal offence prescribed by the Convention (paragraph 3).
This provision is similar to article 26 of the UN Convention against Transnational organized crime-Anti (United Nation Convention Against Transnational Organized Crimes in 2000).
The guidelines that should be adhered to in handling cases involving WistleBlower are:
a. the parties concerned aware of and report on a particular criminal offence and is not part of the perpetrators of the crimes reported.
b. If the rapporteur is a criminal offence (WistleBlower) reported by handling the matter reported, for the report submitted by the reporting of criminal acts (the Wistle Blower) precedence over reports of reported.
The guidelines that should be adhered to in handling cases involving Justice Collaborator are:
a. the question is one of the perpetrators of certain criminal acts, admitted the crimes he committed, not the main actors in the crime as well as provides information as a witness in a judicial process.
b. the Prosecutor in charge said that concerned has provided information and evidence of very significant so that the investigator and/or the public prosecutor could uncover criminal acts in question effectively, uncovering the perpetrators of other players have a bigger role and/or restore those assets/results of a criminal offence.
c. for his help against the perpetrator of that Witness Cooperation as referred to above, the judge can determine the criminal to be sentenced may consider the overthrow of criminal matters, as follows:
i. special criminal experiments Dropping conditional; and/or
ii. criminal form of imprisonment Imposed the lightest among the other defendants are found guilty in the case in question. In providing special treatment in the form of waivers for criminal justice remains obligated to consider the community's sense of fairness.
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