TAIEX-REGIO Expert Mission in Latvia
31 May - 3 June 2016
Administrative
Investigations
Ministry of Interior - Bulgaria
AFCOS Directorate
Boyko KOSTOV
Head of Unit
Operational Cooperation
Investigation
A systematic process of detailed study, duly
approved in accordance with the existing order,
aimed at finding facts and ascertaining the objective
truth with regard to a particular issue.
The investigation always requires a formal gathering of
evidence, which could be divided into several groups:
1. Evidence of material nature
2. Written evidence (documents)
3. Evidence obtained as a result of the application of
technical means and specific methods (special intelligence
means)
4. Evidence established by exposure to sensory perception
(testimony of a witness, explanations of the accused, etc.)
Processes used in the Investigation
Case assignment and
examination of the
investigation file
Collection of evidence
.
Reporting
on the results
Additional (follow-up) activities
Planning of the Investigation
Analysis of the available data
Development of working versions
Examination of the working versions
Confirmation or rejection of a version
Planning of the Investigation
Defining the scope of the circumstances to be further
clarified
Determining the actions to be carried out for the
clarification of the circumstances
Determining the sequence of the actions, the responsible
persons and the deadline for their execution
Reporting on the outcomes of the action
Written Plan of the Investigation
Table of Contents
1. Circumstances to be further clarified
2. Actions to be carried out for the clarification of the
circumstances
3. Deadlines
4. Responsible person
5. Outcome
The most often needed answers to Wh-questions
1. What has been done?
2. When has it been done?
3. Where has it been done?
4. How has it been done?
5. Who has done it? … and Why?
Recommended steps (sequence to be followed)
when collecting the evidence
1. Evidence of material nature and documents
2. Evidence collected as a result of the use of technical
means and specific ways applied
3. Interrogations (information, explanations, interviews)
Methods of obtaining evidence in criminal
investigation
1. Interrogation
2. Crime scene investigation
3. Expertise
4. Search
5. Seizure
6. Holding an investigative experiment
7. Identification of persons and objects
8. Special intelligence means
Basic techniques for collecting evidence in an
administrative investigation
1. Requesting, collection and verification of information
and documents
2. Asking for explanations (additional information,
statement, interviews)
3. Conduct of on-the-spot checks or documentary checks
OLAF Investigations
Legal framework in force
Regulation (EU, Euratom) No 883/2013 of the European
Parliament and of the Council of 11 September 2013
concerning investigations conducted by the European AntiFraud Office (OLAF)
Guidelines on Investigation Procedures for OLAF Staff of 1
October 2013
The investigation is initiated after the completion of the
selection process
The Investigation Selection and Review Unit gives an
opinion to the Director-General and he decides whether to
initiate an investigation or not
Methods for gathering evidence used by OLAF
•
Collection of documents and information in any format
•
Collection of documents within operational meetings
•
Obtaining a statement (information note) by a person
•
Performing tasks with regard to ascertaining facts in EU
Member States
•
Taking samples for further examination
•
Interrogations (interviews) of witnesses or persons of
interest
•
Inspection of premises
•
Conduct of on-the-spot checks
•
Performance of activities with regard to the collection of
electronic (digital) evidence
•
Performance of tasks related to investigations in third
countries
Legal framework for the administrative investigations of
the AFCOS Directorate
1. AFCOS Directorate carries out administrative checks to
identify irregularities and fraud affecting the financial
interests of the European Union, on its own initiative or
upon request by OLAF
2. AFCOS Directorate has the right to require documents
and information, take statements from persons, carry
out on-the-spot checks or inspections of documents,
require assistance from public authorities and other
bodies of the Ministry of Interior
Thank you for your attention!
REPUBLIC OF BULGARIA
MINISTRY OF INTERIOR
“Protection of the European Union Financial Interests” –
AFCOS Directorate
6, Sveta Nedelya sq., 1000 Sofia
e-mail: [email protected]
web site: http://afcos.bg
tel. +359 2 9401445