Defining and Registering Criminal Offences and Measures - Oapen

Aims and Methodology of the Study 7
justice system and thereby to highlight common features and important differences
between European systems. It analyzed comparatively the functions performed
by prosecution services across Europe - by means of legal comparison in combination
with empirical data reflecting actual working practice and factual mechanisms.
The basic assumption was that of criminal justice systems as a complex with
different stages through which cases are passed and – from stage to stage – increasingly
led out of, before they reach the court stage. The powers of, above all, the
prosecution services to deal with cases in alternative ways formed the heart of the
study. For more details on this study, see below. 22
3. Methodology and course of the AGIS 134 study
3.1 Overview
The AGIS 134 study addressed the probem of comparing criminal justice systems,
crime rates, the effect of certain policies etc. in an effective way, taking into account
the vast differences between criminal justice systems in Europe. The aim
was to work towards a more reliable picture of the rate of offending and how
European systems react to criminal offences in order to understand the current
situation and to enhance cooperation between the relevant institutions in Europe,
as future effects also to learn from each other's experiences by tracing which policies
have what effect in which context and to establish a common European basis
for EU crime policy strategies.
To achieve the goals of the study, the ESB experts group and network of correspondents
were used to develop and improve common categories in order to
facilitate comparison in the areas covered. A tested basis for comparison was
available due to the work formerly done in this context (see above) and was improved
and expanded to provide comparable information on offence and other
definitions, prosecution disposals, pre-trial measures and sentences as well as on
detainees and prisoners.
The expertise in this area is inherent in the group composition and the group
member’s experience particularly within the ESB context (see above), but also
with respect to the AGIS 2005/126 and 2005/139 projects.
At the time of signing the AGIS grant agreement, the ESB experts group consisted
of ten members: Martin KILLIAS (chairman of the group), Jörg-Martin
JEHLE (beneficiary of the grant agreement), Marcelo AEBI (subcontractor for
data processing), Bruno AUBUSSON DE CAVARLAY, Gordon BARCLAY,
Beata GRUSZCZYŃSKA, Markku HEISKANEN, Vasilika HYSI, Paul SMIT
and Rannveig ÞORISDOTTIR. During the course of the AGIS project, Olena
22 Chapter K.