Defining and Registering Criminal Offences and Measures - Oapen

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86 2. First steps and development of draft definitions and questions Drug Offences At the beginning it was agreed that the Sourcebook definition of drug offences does not seem to pose problems; the issue with drug trafficking was seen to be more complicated. “New” data could be collected regarding the issues of drug offences and drug trafficking. For example, it was discussed to look at drug seizures (type of drug and quantity) in order to provide a better idea of the drug market. The EMCDDA in Lisbon has collected information on that for EU countries, 35 as well as the UN in a worldwide approach. 36 The European School Survey Project on Alcohol and Other Drugs (ESPAD) 37 could also be a valuable source of information regarding drug consumption across countries. It is necessary to reflect that drug seizures reflect police work, not the drug market itself. The Sourcebook group later on decided not to include data on drug seizures in the fourth edition, based on the collected information. There is neither a unique concept of drug trafficking, nor one of aggravated drug trafficking. As with drug seizures, or small theft offences, what we seem to measure is in fact police work. Drug trafficking is an aggravated circumstance among others, such as the type or quantity of drug, whether trafficking is organized, etc. It is necessary to collect such information. Therefore, the drug offence part had to be redesigned, for example by first disaggregating between simple and aggravated drug offences, and, second, between different circumstances/types of aggravated offences. Therefore, a proposal for revised drug offence definitions was presented. Major changes included questions regarding drug quantity limits below which offences are not counted, and the reintroduction of aggravated drug trafficking. Some members were concerned about aggravated drug trafficking as it was previously (i.e.: in the first edition of the Sourcebook, where it had been included) answered only by a few countries. In addition, the idea of having a list of substances was not very appealing for some members. The group, however, decided that it would be valuable to ask this information, even if only the most common drugs were included. 3. Trial questionnaire and evaluation Based on the proposal, a draft of the new definitions for drug offences was adopted. It was added to the trial questionnaire. The text is reprinted here: 35 Global report and country reports available on http://www.emcdda.europa.eu/?nNodeID=435. 36 World Drug Report: http://www.unodc.org/unodc/en/data-and-analysis/WDR.html. 37 www.espad.org.
Drug Offences 87 Drug offences: the definition is largely uniform through international conventions Indicate Indicate whether included or whether excluded: separately in police in conviction identifiable statistics statistics in criminal law incl. excl. incl. excl. (Y/N) Include the following: possession cultivation production sale supplying transportation importation exportation financing of drug operations possession of small quantities of drug If possession of small quantities of drug is excluded, please specify the upper limit for each of the following substance: cannabis heroin cocaine ecstasy amphetamines
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Göttingen Studies in Criminal Law
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Published als Volume 10 of the seri
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Bibliographische Information der De
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VI Project Acknowledgments Austria:
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Preface The study presented in this
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Table of Contents Project Acknowled
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Table of Contents XIII E. Drug Offe
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Table of Contents XV 2. Trial quest
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A. Aims and Methodology of the Stud
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Aims and Methodology of the Study 3
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B. Criminal Offences Total As a par
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Criminal Offences Total 21 In princ
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Criminal Offences Total 23 data) st
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Criminal Offences Total 25 4. Final
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Criminal Offences Total 27 Table B.
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Criminal Offences Total 29 5. Addit
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Criminal Offences Total 31 Table B.
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34 Bodily Injury (Assault) 2. First
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Page 68 and 69: 48 Bodily Injury (Assault) Table C.
Page 70 and 71: 50 Bodily Injury (Assault) Table C.
Page 72 and 73: 52 Bodily Injury (Assault) these fo
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Page 79 and 80: Rape and Other Sexual Offences 59 S
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Page 89 and 90: Rape and Other Sexual Offences 69 S
Page 91 and 92: Rape and Other Sexual Offences 71 T
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Page 108 and 109: 88 Drug Offences of which Drug traf
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Page 120 and 121: 100 Drug Offences Table E.6 shows t
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Page 125 and 126: F. Fraud As a part of the project
Page 127 and 128: Fraud 107 Extract of the subsidiary
Page 129 and 130: Fraud 109 C. Minor fraud Among the
Page 131 and 132: Fraud 111 E. Computer fraud Does th
Page 133 and 134: Fraud 113 Hacking Illegal download
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Page 137 and 138: Fraud 117 For the trial questionnai
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Page 147 and 148: Fraud 127 Table F.8.3: Results for
Page 149 and 150: Fraud 129 law. 40 Apart from that,
Page 151 and 152: G. Computer Offences 1. First steps
Page 153 and 154: Computer Offences 133 The evaluatio
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Computer Offences 137 G.4.1). Three
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Computer Offences 139 Table G.4.2:
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Computer Offences 141
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H. Money Laundering 1. First steps
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Money laundering 145 Extract of the
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Money laundering 147
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Money laundering 149
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Money laundering 151 The evaluation
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Money laundering 153 Table H.5: Res
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Money laundering 155 convictions re
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Money laundering 157 5. Conclusion
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160 Corruption a first proposal for
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162 Corruption
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164 Corruption A section of the sub
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166 Corruption
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168 Table I.4.1: Results for the fi
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170 Table I.4.3: Results for the fi
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172 Corruption Corruption in the pu
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174 Corruption
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176 Human Trafficking within the fr
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178 Prosecution offences are decrim
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180 Extract of the trial questionna
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182 Sanctions imposed by the prosec
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184 Source of the data in Table 2.1
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186 Prosecution
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188 2.2.D How are multiple offences
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190 Prosecution After these parts o
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192 Prosecution
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194 Table K.5: Data availability fo
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196 Prosecution Concerning the crim
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198 Explanation of options availabl
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204 Please explain the options avai
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206 Table K.6: Counting unit used -
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208 Table K.8.1: Disposal categorie
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210 Prosecution Table K.8.3: Dispos
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212 5. Conclusions Prosecution As t
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214 Pre-Trial Detention and Other C
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218 2.4 International legal coopera
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220 Year of reference if other than
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222 Extract of the trial questionna
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226 Extract of the final questionna
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234 Sanctions persons have spent of
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236 Sanctions
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238 Sanctions
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240 Sanctions
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242 Sanctions 3.2.2.C Are there wri
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244 Sanctions
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246 Sanctions
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248 Extract of the final questionna
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250 Sanctions
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252 Source of the data in Tables 3.
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254 Sanctions 3.2.2.H How is a pers
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256 Sanctions The question how reac
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N. Prison Population As a part of t
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Prison Population 261 Extract of th
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Prison Population 263 Table 4.1.1 P
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Prison Population 265
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Prison Population 267 Source of the
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Prison Population 269 Compared to t
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Prison Population 271 that they are
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Prison Population 273 3.2 Stock: Pr
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Prison Population 275 Some countrie
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O. Data on EU Citizens As an overar
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Other Publications in the Series Vo
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