[Editor’s Note: Sadmir Karović is a regular contributor to Drunk & Disorderly. He is a tireless and independent researcher who lives in Bosnia and Herzegovina and has published numerous works on criminal law and human rights.]
Corruption — Abstract or Reality
Despite the fact that corruption by its very nature, different phenomenological shapes, recognizable and obvious consequences as well as other features, characteristics and is not an abstract concept but a legal and social reality or phenomenon is present in all segments of human activity, lacking proportionate and expected (re) action of the state and society. It is especially important to emphasize preventive component of which directly depends on the effective and decisive fight against corruption which has long been neglected. It is not disputed that the notion of corruption in the media almost daily exploits in general but in practice it does not initiate and do not trigger useful social processes and actions that ultimately should result in a reduction of its presence in all areas. The system of social control this phenomenon, including all entities and authorities and individuals, then the official instructive – control mechanisms arising from the laws and by-laws can not provide the expected preventive effect on a practical level. Official statistics and the subjective feelings of citizens in relation to corruption and its presence in a given time and space are generally different and even diametrically opposed. Declarative commitment to the plan effective, decisive and energetic fight against all forms of corruption, taking into account the objective – subjective component of criminal offenses of corruption without any concrete actions and effective prevention – protective mechanisms of protection creates a number of problems in the real that is. everyday life.
All actors condemned corrupt behavior, agree regarding essential issues that deal with criminal prosecution, detection, reporting and investigation of corruption, which should ultimately result in the eventual launch of the procedure for determining criminal responsibility in accordance with the legal procedure, but in practice we do not have the results that confirm the specified orientation. Analogously to the above, absent the desired or expected results relating to the practical aspect or efficiency in the application of rules by the person entrusted with public powers. The economic aspect is mainly due to the presence of corruption as one of the crucial factors or etiologic agents, although this phenomenon is unique for the countries that are much more developed and economically coherent. The essential problem regarding the presence of corruption is the fact that corruption model in the exercise of certain rights, privileges and benefits (employment, health services, education, public procurement, etc.) Station is widely accepted model of behavior.
So, it becomes quite “normal” and socially acceptable to give money or a gift, or do a certain proportional counter service if you want to get a right example. employment. Another problem that arises from the above articulate the question of how and in what way to motivate young people to be productive members of society and to exercise their rights and obtain certain benefits and used in a lawful manner and without the use of corrupt behavior models in the exercise of certain rights, services etc. Successive and tacitly accepts and assumes corruptive behavior model being absolutely ignored by certain standards or the prescribed rules and procedures in the context of the actual existence of certain legal conditions for the exercise of certain rights. It is irrelevant whether a particular person does meet the legal requirements for acquiring certain rights because launching legally prescribed procedure for the exercise of a right actually just legalize corruption as it is consciously and intentionally legal conditions and the entire process of “adapting” after a certain pre-conceived scenario. Of course, in this corrupt process used by certain legal uncertainties, dilemmas and different legal interpretations of the essence of things.
Area criminal etiology is virtually neglected and ignored when designing effective policies to combat corruption, which is why criminal law through its preventive – repressive capacities can not determines, defines and establishes clear and specific answers and solutions in relation to corrupt behavior. The lack of existence of the will and the real commitment of all actors in the system of social control including all entities and authorities prevented an organized, planned, coordinated, systematic and multi-disciplinary approach in identifying the key problems etiologic and phenomenological nature as finding proportionate responses and solutions in relation to corruption. One of the crucial problems of an objective nature which are directly related to corruption is the complexity of determining criminal responsibility in accordance with the prescribed standards of proof, the basis of objective – subjective components of the offense and the fact that the corruptive process included two sides (eg. Bribery) so that absolute discretion arising from the double interest ie. from corruptive agreement the two sides much more difficult to detect, reporting and processing of corruption cases. It is not a new fact that organized criminal groups by corrupt behavior in the simplest and fastest way to generate and operationalize their criminal goals.
Pursuant to the above, efficient and energetic fight against corruption starting from its nature as a legal and social reality implies the intensification of research criminal etiology ie identifying and defining the causes, the existence of a real and clear commitment and the will to fight corruption, education of citizens with an apostrophe to raise awareness about damaging effects of corruption especially among youth and the establishment and strengthening of an efficient system of social control. Combating corruption generally depends on the people themselves and from their interest to be active in the process of detecting and reporting corruption as a particularly important requirement that the law enforcement agencies of its activities legally and professionally do their part in accordance with the prescribed legal standards and procedures. Also, partial intervention or amend legislation in order to find the best possible legal solutions in relation to corrupt behavior are imperative as well as a coordinated preventive action, especially appreciating the fact that corruption and organized crime are inextricably linked. Combating corruption is inextricably linked with the overall progress of society and the state and that is why this particular značajnan segment that deserves public attention, science, profession … all of us, without exception … It is clear that the presence of corruption, legal and social reality of a is not abstraction, which implies clear obligations of all entities and actors related to the perpetration of a specific plan primarily as a prevention and detection, reporting and determining criminal responsibility. As long as we’ll actually be passive accomplices and support of corrupt behavior and corruption and do not have the right to a better tomorrow. Our declarative commitment without concrete action makes no sense and expediency. Or maybe everyone fits this situation, without the existence of any kind of responsibility, criminal, social, moral …