Private prosecution: A promising tool for civil society to achieve criminal accountability

Maud PERDRIEL-VAISSIERE

Conference on Legal Remedies for Corruption
Sad Business School, Oxford University
Saturday 28 June 09:00 to 17:00
Abstract
Nothing precludes citizens or anti-corruption groups from approaching enforcement
authorities and provide them with evidence of corruption. In theory, this would form the basis
of an investigation and would, depending on the strength of the evidence, initiate criminal
proceedings.

In the real world however, a central impediment to law enforcement in many jurisdictions is
prosecutorial discretion.

Given this, what if the public prosecutor refuses to open an investigation and/or decides to
drop a case despite being presented with credible evidence? May civil society prevent such
cases from being stopped before they get to the courts? Is it possible for civil society to
supplement public prosecutors and to initiate proceedings?

While in some countries, there is absolutely no avenue for civil society; in others, civil society
groups may try and challenge the public prosecutors decision through a judicial review
application. There are also countries that allow private parties to bring prosecution - a
promising venue for civil society as evidenced by two corruption cases currently under
investigation in France and Spain.