Defining and Registering Criminal Offences and Measures - Oapen

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108 B. Distinction between fraud and forgery Fraud Fraud can be committed making use of false documents etc. However, forgery in many countries is a separate offence punishable even if no fraud has been committed or attempted by making use of the false documents. 1. Are forgery offences (e.g. forgery of documents, identity cards, passports, money or payment instruments) special offences in the criminal law of your country, are they included in the basic legal concept of a general forgery offence or are they included in the basic legal concept of fraud? Concept Special offence Included in basic legal concept of forgery Forgery of identity cards / passports Forgery of money Forgery of payment instruments (credit cards, bankcards, checks etc.) Included in basic legal concept of fraud 2. Are forgery offences counted separately in police statistics or are they counted as general forgery or as fraud? Concept Separately As general forgery Forgery of identity cards / passports Forgery of money Forgery of payment instruments (credit cards, bankcards, checks etc.) As fraud
Fraud 109 C. Minor fraud Among the forms of behaviour that have to be considered as fraud according to the standard definition, there are minor cases (low / very low property damage) as well. 1. What are the main characteristics distinguishing minor from ordinary fraud? The low amount (please specify threshold amount) Other (please specify) Always included Not included in fraud Prosecuted only at the victim’s request 2. If minor fraud is included in the basic legal concept of fraud, how is it usually dealt with considering the Criminal Justice System of your country? Check as many as apply. Considering each check you made, please state whether cases dealt with in that way are included in police and conviction data on fraud. Subject to proceedings outside criminal justice system Prosecuted only at the victim’s request Dropped, conditionally disposed of or sanctioned by the police Dropped, conditionally disposed of or sanctioned by the prosecutor Full trial Usual form of dealing with minor fraud Indicate whether included: in police statistics (Y/N) in conviction statistics (Y/N)
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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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36 Bodily Injury (Assault) Aggravat
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38 Bodily Injury (Assault) The resu
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40 Bodily Injury (Assault)
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46 Bodily Injury (Assault) Of which
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48 Bodily Injury (Assault) Table C.
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50 Bodily Injury (Assault) Table C.
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52 Bodily Injury (Assault) these fo
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D. Rape and Other Sexual Offences A
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Page 91 and 92: Rape and Other Sexual Offences 71 T
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Page 106 and 107: 86 2. First steps and development o
Page 108 and 109: 88 Drug Offences of which Drug traf
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Page 114 and 115: 94 Drug Offences session for person
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Page 118 and 119: 98 Drug Offences drug trafficking v
Page 120 and 121: 100 Drug Offences Table E.6 shows t
Page 122 and 123: 102 Drug Offences
Page 125 and 126: F. Fraud As a part of the project
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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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Page 157 and 158: Computer Offences 137 G.4.1). Three
Page 159 and 160: Computer Offences 139 Table G.4.2:
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Page 163 and 164: H. Money Laundering 1. First steps
Page 165 and 166: Money laundering 145 Extract of the
Page 167 and 168: Money laundering 147
Page 169 and 170: Money laundering 149
Page 171 and 172: Money laundering 151 The evaluation
Page 173 and 174: Money laundering 153 Table H.5: Res
Page 175 and 176: Money laundering 155 convictions re
Page 177: 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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