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Defining and Registering Criminal Offences and Measures - Oapen

Defining and Registering Criminal Offences and Measures - Oapen

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Pre-Trial Detention <strong>and</strong> Other Compulsory <strong>Measures</strong> 231<br />

In the prosecution chapter, data was provided by twenty countries, at least for<br />

one item of the table (most of the time pre-trial detention), though five countries<br />

mentioned that it was stock data. The stock may be the number of pre-trial detainees<br />

(prison statistics) or the number of persons under warrant on a given day.<br />

For fifteen countries data about pre-trial detention could be flow data but the<br />

situation is not quite clear at least for four of them (no answer to the question).<br />

Data collected in this table will be compared to correctional statistics which are<br />

available for all countries in stocks.<br />

In the convictions chapter, only 13 countries provided some figures at least for<br />

the total of persons convicted. Two of them cannot give the number of convicted<br />

persons held in pre-trial detention by offences. Some others are not able to collect<br />

data for all offences. In four countries, even if the amount of convicted persons is<br />

available for some specific offences, data about pre-trial detention are not collected<br />

in the same way (they may be produced according to different offence classifications).<br />

For two other countries the national correspondents put in this table stock<br />

figures coming from prisons statistics. These figures will be removed from the<br />

final data base.<br />

4. Additional questionnaire <strong>and</strong> evaluation<br />

The additional questionnaire featured the tables from the trial questionnaire which<br />

were dropped while producing the final version. For the relevant parts, the structure<br />

of these tables is identical to the one used in the trial questionnaire (see<br />

above). Therefore, they are not reprinted again.<br />

Although the additional questionnaire was answered by one more country<br />

(Ukraine) than the trial version, data availability on measures of supervision remained<br />

as poor as in the trial phase: only two countries were able to provide information<br />

on telephone tapping (Finl<strong>and</strong>, Germany). Different from the trial version, Pol<strong>and</strong><br />

now stated that there are no data available at all, while before it had replied that<br />

data on supervision of movement would be available (see above).<br />

Three countries responded that they were able to provide data regarding the<br />

freezing of assets. Finl<strong>and</strong> stated that these data referred to police ordered freezing<br />

measures, Pol<strong>and</strong> stated these were prosecutor ordered <strong>and</strong> Germany: court ordered.<br />

Still, most of the responding countries were unable to provide the data requested.<br />

With respect to the confiscation of assets by the court (convictions chapter), as in the<br />

trial phase, only Germany <strong>and</strong> France were able to provide data.<br />

For international legal cooperation, now apart from the countries already having<br />

responded this way in the trial version, Albania was also able to provide some<br />

data. The new results were:

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