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Investigating Officer Recommends Against Investigation into Corruption Allegations
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The Commission for Corruption and Financial Crimes has received a request to investigate allegations of corruption, but the investigating officer is recommending against it.
According to Section 6 of the Anti-Corruption (Amendment) Act, 2022, the investigating officer must inform the Commission in writing of their recommendation and provide reasons for it. The officer must also state that they have consulted with the Director of Public Prosecutions prior to making the recommendation.
In this case, the investigating officer has recommended against conducting an investigation into the allegations, citing [insert reasons here]. The Commission will now review the submission and may choose to follow the officer’s recommendation.
New Offence Added for Interfering with Investigations
The Anti-Corruption (Amendment) Act, 2022 has also introduced a new offence for individuals who interfere with investigations under Section 31 of the principal Act. According to Section 13 of the Amendment Act, a person who makes any disclosure that is likely to prejudice an investigation commits an offence.
Defence Provisions
- A person who makes a disclosure may prove that they did not know or suspect that the disclosure was likely to prejudice the investigation.
- They may also claim that they had lawful authority or reasonable excuse for making the disclosure.
Other Amendments
The Amendment Act has made several other changes to the principal Act, including:
Section 12: Statement of Compliance
- Individuals ordered to produce material must provide a statement indicating whether they have already complied with the order.
Section 15: Updating References and Definitions
- References to the Proceeds of Crime Act have been updated.
- The definition of “appropriate officer” or “senior appropriate officer” has been expanded to include investigating officers.
Background
The Anti-Corruption (Amendment) Act, 2022 is designed to strengthen the country’s anti-corruption laws and improve the investigation and prosecution of corruption offences. The amendments are intended to increase transparency and accountability in government and to protect the public from corrupt activities.
Contact Us
For more information on the Anti-Corruption (Amendment) Act, 2022, please contact the Commission for Corruption and Financial Crimes at [insert contact details here].