Frequently Asked Questions

The countries are requested to encode the statistical information retroactively at least as from 2018. If information from previous years is available, it can be added going back to 2015. Countries are encouraged to do this, as this will allow the reconstruction of trends over a longer period.

For the tracking of Cases on organised crime, high level corruption and anti-money laundering, the starting date for reporting is 1 January 2022. This means that the data feeding entails the creation of a tracking sheet for every case that is “active” after such date. For example, if a sentence for a case occurred in January 2022, it should be reported, even if the investigations may have started three years before.

When an individual/entity is investigated, indicted and/or a final ruling is issued for multiple serious crimes that are listed in the annual overview, the case should be computed wherever relevant. For example, let’s assume that an individual/entity is tried and sentenced for organised crime, as the main focus of the indictment, but also for trafficking in human being and cybercrime. In such situation, this case should be reported under organised crime, trafficking in human beings and cybercrime.

High-level corruption cases correspond to the cases defined as such by the national legislation or, if there is not such legislation, to the following cases:

• High-ranking or high profile elected/appointed public office holders.

  For example: heads of State, heads of government(s), ministers and deputy or assistant ministers; members of parliament or equivalent legislative bodies; members of the governing bodies of political parties; mayors of the capital city/ main cities or municipalities/ district in each beneficiary country; highest ranking officials of federal units.
• High-ranking civil servants and high-ranking members of the law enforcement, prosecution, or judiciary.

  For example: heads and deputy heads of institutions, bodies and administration (such as taxation administration, law enforcement agencies, intelligence agency, central bank; army; embassies); members of supreme courts, of constitutional courts or of other high-level judicial bodies administrating the judiciary, the decisions of which are subject to further appeal only in exceptional circumstances; and prosecutors working in prosecutors' offices corresponding to these high level judicial bodies president of courts; members of judicial or prosecutorial council.
• Heads of major public or semi-public companies.

  For example: directors of companies in strategic sectors such as electricity, telecommunications, water, etc., where the State is the owner or a major stakeholder.

In federal constitutional structures, this list includes both the central state and lower level of governments.

In addition to the above mentioned criteria and, where relevant, the national legislation defining high level corruption cases, countries are invited to report cases of corruption involving defendants who may not strictly fall under the above categories but are involved in investigations/cases that can be considered to still be of high-level nature (e.g., due to particularly high amount of the bribes, the extent of the damages to public interest stemming from the contested crimes, or the overall political repercussions, etc.).

Organised crime cases should be reported based on the definition thereof in the respective criminal code of each country - and more specifically the article(s) in the national legislation that correspond(s) with the definition of “organised criminal group” according to article 2 of the United Nations Convention against Transnational Organised Crime (UNTOC): “a structured group of three or more persons, existing for a period of time and acting in concert with the aim of committing one or more serious crimes or offences established in accordance with this Convention, in order to obtain, directly or indirectly, a financial or other material benefit”.

Cases tried under special legislation that can be assimilated to organised crime (i.e., anti-mafia laws, criminal codes articles on the “thieves in law” phenomenon) can be reported as organised crime cases.

In such case, the date of the first indictment can be encoded as reference also in the box for the date of the closure of investigation.

After the cut-off date (30 June each year), the data in the yearly overview should not be modified by the data feeders/national coordinators, unless the Commission receives a specific request to modify/update when the country submits its final national update for the progress report around the end of summer. Indeed, the system will be frozen and no modifications will be allowed from 1 July to 31 august of each year.

Of course, in case of mistakes identified after this date, a request can be made to the Commission/JRC.

The following offences on the misuse, trafficking and illegal manufacturing of firearms, their essential components and ammunition should be reported:

1. the illicit manufacturing of firearms, their essential components and ammunition;
2. the illicit trafficking of firearms, their essential components and ammunition;
3. the falsification or illicitly obliteration, removal, or alteration of the marking(s) on firearms and essential components;
4. the attempt to commit or participate as an accomplice in an offence established in accordance with offences 1,2 or 3;
5. the roles of organizing, directing, aiding, abetting, facilitating or counselling the commission of any of the offences 1,2 or 3;
6. the illegal possession of firearms, their essential components and ammunition;
7. the above actions, committed in the context of a terrorist offence; and
8. the above actions, committed in the context of an offence of organised crime.

Yes. It is possible for the national coordinator to submit a request for the Commission/JRC to reopen a case tracker sheet that was previously finalised.

In complex cases, when there are two or more indicted individuals/legal entities for which the indictments are eventually lodged in different dates by the prosecution, the date of the first indictment should be indicated.

When several individuals have been convicted to a prison sentence, the indicative months corresponding to all prison sentences should be summed up and indicated in the box.