Frequently Asked Questions

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Question #19

Question:  Can an arrested person for a corruption offence be released on bail?

Answer: According to Article 4 of the Revised Proclamation on Special Procedure and Rules of Evidence Proclamation, an arrested person for a corruption offence may apply to a court to be released on bail. However, an arrested person charged with a corruption offence punishable for more than 10 years may not be released on bail.

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Question #18

Question:  Does the Commission have its own detention center on its premises where it keeps suspects?

Answer: So far, the Commission doesn’t have any detention center on its premises. It has been detaining suspects in police stations. But it is trying to have one in the years to come.

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Question #17

Question:  Am I required and obliged by law to cooperate with the Commission whenever the latter seeks cooperation in connection with its powers and duties?

Answer: According to Article 26 of the Commission’s Establishment Proclamation, any person is duty-bound to cooperate whenever cooperation and assistance is required by the Commission in connection with its powers and duties. In particular, public offices and public enterprises having the necessary expertise shall provide the Commission with the necessary professional support when required.

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Question #16

Question:  Is there a mechanism through which other organs may participate in the investigation and prosecution of corruption offences?

Answer: The Commission may delegate, in whole or in part, to federal or regional crime investigation and prosecution bodies, as the case may be, a general investigation and prosecution power of corruption cases, other than grand corruption. Additionally, any federal or regional crime investigation body that is not delegated by the Commission shall begin investigation of any alleged or suspected corruption offences falling under the competence of the latter. It shall, however, inform the Commission of same forthwith.

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Question #15

Question:  Does that mean that the regional ethics and anti-corruption commissions shall, in no way, be accountable to the FEACC under any circumstances?

Answer: There are times when they shall be accountable to the FEACC. When they investigate and prosecute alleged corruption offences in accordance with the delegation that may be given to them by the FEACC, they shall be accountable to the latter. They are also duty bound to submit statistical data and periodic report regarding the state of corruption offences in their respective region to the FEACC.

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