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ISBN: 978-3-941875-53-1
ISSN: 1864-2136
The study presented in this book is a direct response to the needs for dening
and registering criminal and judicial data on the European level. Based upon
work done in creating the European Sourcebook of Crime and Criminal Justice
Statistics (ESB), the project results will improve and complement the standards
developed so far for denitions and statistical registration in four elds (police,
prosecution, courts, prison), in order to contribute to the picture of criminal
justice in Europe. Possibilities to optimize the offence denitions used so far in
the ESB context were explored. Also, further crime types, especially those sub-
ject to EU-harmonized denition, were tested and introduced. Apart from this,
the prosecution chapter of the ESB questionnaire was changed and expanded.
Data collection possibilities regarding compulsory measures in the investigatory
stage were tested, and a more sophisticated approach for recording sanctions
and measures as well as prison data was developed. The study explored how far
national statistics can provide such data and developed a concept for collation
on European level. It was funded by the European Commission under the AGIS
2006 program.
Jörg-Martin Jehle / Stefan Harrendorf (eds.)
Dening and Registering
Criminal Offences and Measures
Standards for a European Comparison
Göttingen Studies
in Criminal Law and Justice
Göttingen Studies in Criminal Law and Justice Vol. 10 Jehle and Harrendorf (eds.) Dening and Registering Criminal Offences and Measures
Universitätsverlag Göttingen
Universitätsverlag Göttingen
AGIS 2006
Jörg-Martin Jehle and Stefan Harrendorf (Eds.)
Defining and Registering Criminal Offences and Measures
This work is licensed under the
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Published als Volume 10 of the series „Göttingen Studies in Criminal Law and
Justice“ by Universitätsverlag Göttingen 2010
erschienen als Band 10 in der Reihe „Göttinger Studien zu den
Kriminalwissenschaften“ im Universitätsverlag Göttingen 2010
Jörg-Martin Jehle
and Stefan Harrendorf (eds.)
Defining and Registering
Criminal Offences
and Measures
Standards for a European Comparison
By
Marcelo F. Aebi, Bruno Aubusson de Cavarlay,
Gordon Barclay, Beata Gruszczyńska, Stefan
Harrendorf, Markku Heiskanen, Vasilika Hysi,
Véronique Jaquier, Jörg-Martin Jehle, Martin
Killias, Chris Lewis, Giulia Mugellini, Ernesto U.
Savona, Olena Shostko, Paul Smit, and Rannveig
Þorisdottir
Göttingen Studies in
Criminal Law and Justice
Volume 10
Universitätsverlag Göttingen
2010
Bibliographische Information der Deutschen Nationalbibliothek
Die Deutsche Nationalbibliothek verzeichnet diese Publikation in der Deutschen
Nationalbibliographie; detaillierte bibliographische Daten sind im Internet über
<http://dnb.ddb.de> abrufbar.
Editors of the Series
Institute of Criminal Law and Justice
Faculty of Law, Georg-August-Universität Göttingen
Profs. Drs. Kai Ambos, Gunnar Duttge, Jörg-Martin Jehle, Uwe Murmann
AGIS 2006
With financial support from the AGIS Programme
European Commission - Directorate-General Justice, Freedom And Security
This work is protected by German Intellectual Property Right Law.
It is also available as an Open Access version through the publisher’s homepage and
the Online Catalogue of the State and University Library of Goettingen
(http://www.sub.uni-goettingen.de). Users of the free online version are invited to
read, download and distribute it. Users may also print a small number for educational
or private use. However they may not sell print versions of the online book.
Cover design: Kilian Klapp
© 2010 Universitätsverlag Göttingen
http://univerlag.uni-goettingen.de
ISBN: 978-3-941875-53-1
ISSN: 1864-2136
Project Acknowledgments
This book has been based on the Final Report to the European Commission for
t
he JLS/2006/AGIS/134 project “Standards for Defining and Registering Crime
Types, Public Prosecution Service Disposals, Court Sentences and Improving
Correction Statistics”. The project would not have been possible without the ge-
nerous funding by the European Commission under the AGIS 2006 pro-
gramme. The beneficiary of the grant agreement, Jörg-Martin Jehle, and the
project partners Marcelo F. Aebi, Bruno Aubusson de Cavarlay, Gordon Barclay,
Beata Gruszczyńska, Markku Heiskanen, Vasilika Hysi, Martin Killias, Paul Smit,
and Rannveig Þorisdottir would like to express their gratitude for this funding.
The study and this publication would also not have been possible without the
work and assistance by many researchers, statisticians and officials across Europe.
The authors and editors are grateful for their invaluable contribution to this
project. Especially, we owe gratitude to our national correspondents, to the
project steering group members and the observers taking part in our meetings, the
conference and our discussions.
The questionnaire developed by the European Sourcebook group has been dis-
cussed with and answered by the following national correspondents:
Albania: Vasilika Hysi, University of Tirana (also group member)
Armenia: Anna Margaryan, Yerevan State University
Project Acknowledgments
VI
Austria: Katharina Beclin and Carlotta Pirnat, University of Vienna; Gerhard Ha-
nak, Institut für Rechts- und Kriminalsoziologie, Vienna
Belgium: Charlotte Vanneste, Institut National de Criminalistique et de Criminolo-
gie, Brussels
Bulgaria: Tsveta Docheva, Crime Prevention Department, Sofia
Croatia: Ksenija Turkovic, University of Zagreb
Cyprus: Georgia Ioannou, Statistical Service of Cyprus, Nicosia
Czech Republic: Simona Dibilikova, Institute for Criminology and Social Prevention,
Prague
Denmark: Britta Kyvsgaard, Ministry of Justice, Copenhagen
Estonia: Andri Ahven, Ministry of Justice, Tallinn
Finland: Markku Heiskanen, HEUNI, Helsinki (also group member)
France: Bruno Aubusson de Cavarlay, CESDIP-CNRS, Ministère de la Justice,
Guyancourt (also group member)
Georgia: Georgi Glonti, Institute of State and Law, Tbilisi
Germany: Stefan Harrendorf and Jörg-Martin Jehle, University of Göttingen (also
group members)
Greece: Calliope Spinellis, Maria Galanou and George Papanicolaou, University of
Athens
Hungary: Tibor Nagy, Prosecution Service of the Republic of Hungary, Budapest
Iceland: Rannveig Þorisdottir, National Commissioner of Police, Reykjavik (also
group member)
Ireland: Timothy Linehan, Crime and Criminal Justice, Central Statistics Office,
Cork
Italy: Uberto Gatti and Giovanni Fossa, University of Genoa
Latvia: Andrejs Vilks, University of Latvia, Riga; Baiba Zukula and Ilvija Vītola,
Latvijas Statistika, Riga
Lithuania: Algimantas Cepas, Svetlana Justickaja and Gintautas Sakalauskas, Law
Institute of Lithuania, Vilnius
Moldova: Natalia Delgrande, University of Lausanne, Switzerland
Netherlands: Paul Smit, WODC, Ministry of Justice, The Hague (also group mem-
ber)
Poland: Beata Gruszczyńska, University of Warsaw (also group member)
Portugal: Maria João Morgado Costa, Direcção-Geral da Politíca de Justiça, Lisbon
Romania: Emillian Stanisore, University of Bucharest
Russian Federation: Alexander Salagaev and Rustem Safin, Kazan State Technologi-
cal University
Slovakia: Eugen Placintar, Statistical Office of the Slovak Republic, Bratislava
Slovenia: Miran Mitar, University of Maribor
Spain: Marcelo F. Aebi, University of Lausanne, Switzerland (also group member)
Sweden: Arletta Plunkett, The National Council for Crime Prevention (Brå), Stock-
holm
Project Acknowledgments
VII
Switzerland: Daniel Fink, Office Fédéral de la Statistique, Neuchâtel; Martin Killias,
University of Zürich (also group member), Véronique Jaquier, University of
Lausanne (also group member)
Turkey: Galma Jahic, University of Istanbul
Ukraine: Olena Shostko, Yaroslav Mudry National Law Academy, Kharkiv (also
group member)
UK: England & Wales: Gordon Barclay, Home Office, London (also group mem-
ber)
UK: Northern Ireland: Richard Erskine, Statistics and Research Branch, Northern
Ireland Office, Belfast; Tony Mathewson, Central Statistics Unit, Police Ser-
vice of Northern Ireland, Belfast
UK: Scotland: Sandra Campbell, Justice and Communities Directorate, Scottish
Government, Edinburgh
A steering group has overseen the project meetings and conference and took
part in all discussions. Its members were:
Hans-Jürgen Kerner, University of Tübingen, Germany
Chris Lewis, University of Portsmouth, UK
Ernesto Savona, TRANSCRIME, University of Milan, Italy
Cynthia Tavares, Eurostat, Luxembourg
The following observers also attended group meetings and the conference, were
involved in discussions related to the project and gave helpful advice:
Anna Alvazzi del Frate, UNODC, Vienna, Austria
Kauko Aromaa, HEUNI, Helsinki, Finland
Giulia Muggelini, TRANSCRIME, University of Milan, Italy
[...]... groups and subgroups were covered 5 Response rates and data quality The project covers the following countries: 1) Trial Questionnaire: Albania Finland France Germany Iceland Netherlands Poland Switzerland United Kingdom: England and Wales Total: 9 countries, of which 6 EU, 1 potential candidate, 2 EFTA/EEA 2) Subsidiary Questionnaire Albania Finland France Germany Iceland Netherlands Poland Switzerland... Slovakia Slovenia Sweden Switzerland Turkey United Kingdom: England and Wales United Kingdom: Northern Ireland United Kingdom: Scotland Ukraine Total: 35 countries, of which 26 EU, 2 candidate, 1 potential candidate, 2 EFTA/EEA, 4 other European countries; concerning the United Kingdom, there are separate questionnaires for England and Wales, Northern Ireland and Scotland 16 Aims and Methodology of the Study... definitions for criminal offences total, bodily injury (assault), rape and other sexual offences, and drug offences In addition to this, new offence definitions for fraud, offences against the confidentiality, integrity and availability of computer data and systems, money laundering and corruption were introduced All these improved and newly introduced offence definitions were tested and were – sometimes... included England and Wales, France, Germany, the Netherlands, Poland and Sweden.19 The second wave was an expanded follow-up of the initial study It worked with methodical instruments refined on the basis of experience gained from the first wave and covered those countries once more and additionally included Croatia, Hungary, Spain, Switzerland and Turkey.20 The project partners were criminal justice... new subgroups (minor property offences handled outside the criminal justice system, minor violent offences handled outside the criminal justice system, minor bodily injury, bodily injury of a public servant, domestic violence, minor theft handled outside the criminal justice system) were not included (for an explanation, see the following chapters on criminal offences total and bodily injury) Therefore,... 129 G Computer Offences 131 1 First steps and development of draft definitions and questions 131 2 Trial and subsidiary questionnaires and evaluation 132 3 Final questionnaire and evaluation 136 4 Additional questionnaire and evaluation 140 5 Conclusion 142 H Money Laundering 143 1 First steps and development of draft definitions and questions 143 2 Trial and subsidiary questionnaire and evaluation... defining and registering criminal and judicial data on the European level Based upon work done by the European Sourcebook experts group in creating the European Sourcebook of Crime and Criminal Justice Statistics (ESB), the project intended to improve and complement the standards developed so far for definitions and statistical registration in four fields, in order to contribute to the picture of criminal. .. draft definitions and questions 86 3 Trial questionnaire and evaluation 86 4 Final questionnaire and evaluation 91 5 Additional questionnaire and evaluation 100 6 Conclusions 103 F Fraud 105 1 First steps and development of draft definitions and questions 105 2 Trial and subsidiary questionnaires and evaluation 106 3 Final questionnaire and evaluation 124 4 Additional questionnaire and evaluation 128... steps and development of draft definitions and questions 34 3 Trial and subsidiary questionnaires and evaluation 34 4 Final questionnaire and evaluation 45 5 Additional questionnaire and evaluation 51 6 Conclusion 52 D Rape and Other Sexual Offences 55 1 Previous definition 55 2 First steps and development of draft definitions and questions 56 3 Trial questionnaire and evaluation 56 3.1 Offence definitions... LEWIS for England and Wales, Bruno AUBUSSON DE CAVARLAY for France, Paul SMIT and Martine BLOM (first wave only) for the Netherlands, Beata GRUSZCZYŃSKA, Teodor BULENDA, Andrzej KREMPLEWSKI (all first wave only) and Piotr SOBOTA for Poland, Josef ZILA for Sweden, the German project management and research team consisting of Beatrix ELSNER, Jörg-Martin JEHLE, Julia PETERS and Marianne WADE and - joining . (eds.) Dening and Registering Criminal Offences and Measures Standards for a European Comparison Göttingen Studies in Criminal Law and Justice Göttingen Studies in Criminal Law and Justice. Universitätsverlag Göttingen 2010 Jörg-Martin Jehle and Stefan Harrendorf (eds.) Defining and Registering Criminal Offences and Measures Standards for a European Comparison By Marcelo. Harrendorf (Eds.) Defining and Registering Criminal Offences and Measures This work is licensed under the Creative Commons License 3.0 “by-nd”, allowing you to download, distribute and print the
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