Anti-corruption court legislation for 27 countries
Note that U4 does not take any responsibility for the accuracy of the documents or the quality of translations into English. Please contact Sofie Schütte if you notice incorrect or out-of-date information.
Specialised anti-corruption courts
Collection in chronological order
The Constitution, which passed in 1973, created the court (called the Sandiganbayan). On June 11, 1978, President Ferdinand Marcos issued Presidential Decree No. 1486, creating the Sandiganbayan as a court of first instance. He then issued Presidential Decree No. 1606, which elevated it to a Court of Appeals.
Pakistan’s anti-corruption courts are in the form of several Accountability Courts. They were set up through the National Accountability Bureau Ordinance.
Indonesia’s Special Court for Corruption Crimes was first set up by Law 30 of 2002 on the Indonesian Corruption Eradication Commission. The current court was established in 2009 by Law 46 of 2009 on the Court of Criminal Acts of Corruption.
Nepal’s anti-corruption court, the Special Court, was established in 2002 by the Special Court Act.
The 2003 Anti-Corruption and Economic Crimes Act set up a system for trying offenses that fall under the Act. These were supplemented by Practice Directions by the Chief Justice in December 2015 (Gazette Notice No 9123).
Bangladesh’s Anti-Corruption Commission Act created both an Anti-Corruption Commission and the anti-corruption court system.
The anti-corruption courts were set up by Law N° 1/36 of 13 December 2006 (in French) – Formation of the Anti-Corruption Court. The law also incorporates Articles 15–28 and 42–72 of Law N° 1/12 of 18 April 2006 (in French) – Measures for the Prevention and Suppression of Corruption and Related Offenses.
Croatia’s Court Departments for Criminal Cases in Jurisdiction of USKOK was announced in 2008, but the authorising legislation, the Courts Act, was not passed until 2010.
The principal judge of the Uganda High Court created the Anti-Corruption Division (ACD) as an administrative section of the High Court in 2008 through the High Court (Anti-Corruption Division) Practice Direction, Legal Notice No. 9/2009. The chief justice formally established the permanent ACD in 2009 by invoking article 133(1)(b) of the Constitution, which states that “the Chief Justice . . . may issue orders and directions to the courts necessary for the proper and efficient administration of justice.”
Law No. 291/2009 on the Specialised Criminal Court established Slovakia’s anti-corruption court.
U4 has been unable to find statutes on the special courts that were reportedly set up in 2010. In 2016, the Afghan President passed a decree creating the Anti-Corruption Judicial Center, which includes judges who oversee corruption cases.
The Corruption Crimes Court of Palestine was established in 2010 under the revised Anti-Corruption Law, and became operational in October of that year.
The National Assembly created the Special Criminal Court pursuant to law N° 2011/028 of December, 3 2011. Following complaints by lawyers, students, and civil society groups, the legislature passed law N° 2012/011 of July 6, 2012, an amended version of the first act. You can also access the French version.
The special Corruption Court was established on 16 February 2011 under the jurisdiction of Sessions Court. In pursuant to Section 63 and 64 of Subordinate Courts Act 1948 [Act 92]. See also the Anti-Corruption Commission Act 2009.
The legislation authorising these courts in the first place appears to be the Penal Procedure Code –passed in 2012. However, in 2017 Bulgaria’s Parliament passed an amendment to the Penal Procedure Code that specifically established specialised courts for corruption cases (see Bulgaria high court to seek constitutional ruling on existence of specialised anti-corruption courts ). In early January 2018, the Bulgarian President vetoed that bill.
Senegal’s anti-corruption courts were established pursuant to authorisation in a 1981 statute, Law 81–54 (in French). It was inactive for 30 years. In May 2012, newly elected President Macky Sall reactivated it with Decree 502.
The Chief Justice of the High Court established Botswana’s anti-corruption court in 2013, accompanying the passage of the Corruption and Economic Crimes Act.
The Mexico anti-corruption courts were mandated by a constitutional amendment (Article 113) creating the National Anti-Corruption System. The constitutional amendment was implemented through a series of laws, including the General Law for the National Anti-Corruption System (in Spanish), the Organic Law for the Federal Tribunal on Administrative Justice (in Spanish) and the General Law of Administrative Responsibilities (in Spanish).
Tanzania’s Economic, Corruption and Organised Crime Court was established by the 2016 Economic and Organised Crime Control Act.
The Thai government approved a bill that sets up a Criminal Court for Corruption and Malfeasance Cases dealing with only those types of cases.
In 2016, the President of Madagascar enacted Anti-Corruption Courts Law No. 2016-021 (in French).
The Law on the Organisation and Jurisdiction of Government Authorities on the Suppression of Organised Crime, Terrorism and Corruption was enacted by Serbian Parliament in 2016 but only came into force on March 1, 2018, along with the set of changes for corruption-related offences in the Criminal Code. The entry into force coincides with the formation and start of the four new Anti-Corruption units in the Higher Courts.
Sri Lanka (2018)
Parliament established the Permanent High Court at Bar for corruption cases by enacting Amendment Act, No. 9 of 2018 1 to the Judicature Act No. 2 of 1978.
The Verkhovna Rada, Ukraine's parliament, adopted Bill no 7441 to amend the Law on the Judicial System and the Status of Judges in connection with the adoption of the Law of Ukraine on the High Anti-Corruption Court (HACC) and to define the jurisdiction of appeals in corruption cases.
The selection process of the HACC judges was per law supported by the international community. See the guide on the selection criteria.
In December 2019, based on the 2017 amendment of its Criminal Procedure Court by Law 35 of 2017, Albania established first instance and appeal level anti-corruption and organized crime courts.
Sierra Leone (2019)
In April 2019, the Chief Justice of Sierra Leone established a Special Anti-Corruption Division of the High Court.
In his opening speech of the 2019 legal year, the Chief Justice reported on the establishment of two pilot anti-corruption courts in the capital Harare and in Bulawayo. He then created a special Anti-Corruption Division of the High Court housed at the Magistrates Courts in terms of section 46A of the High Court Act as announced in the Zimbabwean Government Gazette, 20th March, 2020.