Article 21
: Procedure for corruption offences
Procedure for corruption offences which is stated in the penal code and corruption offences which is stated in this law, shall be implemented as stated in the penal procedure code if there
is no separate procedure in this law.
Article 22: Officials competent to investigate corruption offences
The Chairman, deputy chairpersons and officials of the Anti-corruption Unit who gain an advantage as judicial police official are empowered to investigate corruption offenses that are
stipulated in this law and those in the penal code. Other units that are aware of corruption offenses as stipulated in this law and corruption offenses stated in the penal code shall make corruption complaints to the Anti-Corruption Unit or its branch offices in the Capital or provinces.
Article 23: Appointment of Anti-corruption Unit officials as judicial police
The Chairman and deputy chairpersons of Anti-corruption Unit are legally entitled to a status as
judicial police officials in order to perform their duties.
Officials of Anti-Corruption Unit may be entitled to status as judicial police officials in accordance with the provisions in the penal procedure code. The Chairman of Anti-corruption Unit takes charge of preparing list of officials of Anti-corruption who are entitled to status as judicial police officials through Prakas of the Minister of Justice.
Article 24: Oath
The Chairman, deputy chairpersons and officials of Anti-corruption Unit who are appointed as judicial police officials have to take an oath that they are honest in fulfilling their tasks in
accordance with conditions stated in Article 63 (the oath by judicial police official) of the criminal procedure code.
Article 25: Investigative power of Anti-corruption Unit
Officials of Anti-corruption Unit who are appointed as judicial police take charge of investigating corruption offences. If during the course of a corruption offence investigation
different offenses are found whose facts are related to the offence being investigated by Anti-corruption Unit, officials of Anti-Corruption Unit can continue the investigation of the offences to the final stage. The Anti-corruption Unit cannot investigate other offences except corruption ones unless the
unit is ordered by the court to do so. The court can order the Anti-corruption Unit to undertake forensic inquiries in order to
facilitate the work of the court.
In the framework of these investigations and contradictory to article 85 (power of judicial police
officials in flagrant offence investigation), article 91 (searching), article 94 (subpoena in the case
of flagrant offence investigation) and the article 114 (subpoena for preliminary investigation) of
the code of criminal procedure, the Chairman of Anti-corruption Unit or officially assigned representative has the duty to lead, coordinate and control the mission of those officials
instead of the role of prosecutor to the point of arresting a suspect.After the arrest, prosecutor exercises his power as stated in the code of criminal procedure. At the end of each investigation, the Anti-corruption Unit shall submit all facts to the
prosecutor for further action in conformity with the provisions of the code of criminal
procedures.
Article 26: Special Privileges of Anti-corruption Unit
The Chairman of the Anti-Corruption Unit can ask the concerned authority to suspend all functions of any individual who is substantially proven to be involved in a case of corruption
offence. If the suspect flees to a foreign country, the chairman of the Anti-corruption Unit can ask the
competent authority to undertake an extradition in accordance with the provisions in force.
The Anti-corruption Unit can reserve some appropriate spaces, permanently or temporarily, as
detention rooms, in accordance with the code of criminal procedure. When the Anti-corruption
Unit cannot afford to have the appropriate permanent or temporary place for detention, the
Anti-corruption Unit can ask the competent institution to detain the suspects arrested by the
Anti-Corruption Unit.
Article 27: Privileges of Anti-corruption Unit related to monitoring
Being contradictory to article 105 (prohibition from wire-taping), and article 172 (wire taping
ordered by the court) of the criminal procedure code, in the case there is clear hint of
corruption offence, the ACU can:
a. Check and put under observation the bank accounts or other accounts which are
described to be the same as bank accounts.
b. Check and order the provision or copy of authentic documents or individual
documents, or all bank, financial and commercial documents.
c. Monitor, oversee, eavesdrop, record sound and take photos, and engage in phone
tapping.
d. Check documents and documents stored in the electronic system
e. Conduct operations aimed at collecting real evidence.
The above measures shall not be considered as violations of professional secrets. The secret of
banks shall not be served as justification for not providing evidence related to corruption offences in the provisions of this law.
Article 28: Privileges of ACU related to freezing an individual ' s assets
Upon the request by the chairman of ACU, the Royal Government can order the General Prosecutor of the Appeals Court or Prosecutor of the Municipal/Provincial Court to freeze the
assets of individuals who commit offences stated in this law and corruption offences stated in
the code of criminal procedure. The individual assets, stated in the above first paragraph, includes the funds received or which
forms asset belonging to the individual.
Article 29: Privileges of ACU in cooperation with public authority
The Chairman of the ACU can order public authorities, government officials, citizens who hold
public office through election, as well as units concerned in private sector, namely financial
institutions, to cooperate with officials of the ACU in the work of investigation.
The Chairman of the ACU can also ask the national and international institutions to cooperate in
forensic examinations related to its investigation work.
Article 30: Seizure
The seizure shall be implemented in accordance with the code of criminal procedure.
Article 31: Procedures at criminal court
With regards to the criminal case related to corruption offence, the judge, after receiving the
complaint, shall open the trial as soon as possible.