Defining and Registering Criminal Offences and Measures - Oapen

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254 Sanctions 3.2.2.H How is a person dealt with more than once during the same year counted? - see Introduction (paragraph 1.3) As one person As two or more people Other (please explain) 3.2.2.I Have the data recording methods described above been modified between 2003 and 2007? - see General Remarks (paragraph 3) Yes No Explanation of the changes Additional comments on questions 3.2.2.A – 3.2.2.I
Sanctions 255 In the final questionnaire, we have asked countries to indicate first the total number of convictions (column 1) and then to indicate the number of verdicts without any sentence being imposed (column 2), reflecting cases where the offender has been found guilty, but – in the end – has been admonished only, but not actually punished. In column (3), fines (or any financial sanctions) had to be listed. Under this category, according to the counting rules, only cases had to be indicated had to be indicated where no other sanction had actually been imposed. In Column (4), the total of (other) non-custodial sanctions and measures had to be provided. Column (5) invited countries to indicate the number of (4) that actually concerned community service, being understood that there exist other types of “alternative” or community sanctions that are not included here. In column (6), we asked for how many among the total of all community sanctions (whatever their nature), given under column (4) imply some sort of supervision (usually by the probation service). Columns 7 to 9 concern custodial sanctions that have been suspended. The total of suspended custodial sentences is indicated in column (7), while the number out of the total of (7) that actually had, as a condition of having their custodial sanction suspended, to perform some sort of community service, is shown in column 8. In column (9), again as a fraction of the total given under column (7), the number of suspended custodial sanctions that implied some sort of supervision had to be provided. Column (10) concerns actual (immediate) custodial sanctions and measures that were not suspended. This information is logically related to chapter 4 on correctional services. Finally, in column (11) any sanctions and measures that could not be listed among the other columns were to be indicated. The replies to the final questionnaire show that most countries have not been able to provide data on all these categories. This is, as mentioned before, not primarily a problem of data availability, but reflects the differences in criminal law. Not all countries have all possible types of sanctions in their criminal code. For sanctions and measures imposed upon adults, 28 out of 33 countries provided data on the total of offences, broken down by the type of sanction imposed. In almost all cases, this was a complete breakdown, listing all sanctions available and used for a certain offence. Not for all of these countries a breakdown was also available for the different offence groups. 22 were, for example, able to provide a breakdown by sanction for homicide total. The same number of countries provided data on theft total. For “new” offence types like money laundering (11 countries) or corruption (17 countries) data availability was worse. Regarding sanctions and measures imposed upon minors, fewer countries were able to provide data than for sanctions imposed upon adults. 21 were able to provide a breakdown for the total of offences by type of sanction imposed. Again, data availability was worse if looking at the different offence groups. Still, 15 countries were able to provide a breakdown for theft total and 14 for robbery.
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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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Rape and Other Sexual Offences 57 R
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Rape and Other Sexual Offences 59 S
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Rape and Other Sexual Offences 61
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Rape and Other Sexual Offences 69 S
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Rape and Other Sexual Offences 71 T
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Rape and Other Sexual Offences 73 4
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86 2. First steps and development o
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88 Drug Offences of which Drug traf
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90 Drug Offences
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92 Drug Offences Drug offences: the
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94 Drug Offences session for person
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96 Table E.3.3: Results for the fin
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98 Drug Offences drug trafficking v
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100 Drug Offences Table E.6 shows t
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102 Drug Offences
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F. Fraud As a part of the project
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Fraud 107 Extract of the subsidiary
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Fraud 109 C. Minor fraud Among the
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Fraud 111 E. Computer fraud Does th
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Fraud 113 Hacking Illegal download
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Fraud 115
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Fraud 117 For the trial questionnai
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Fraud 119
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Fraud 121
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Fraud 123
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Fraud 125 Table F.8.1: Results for
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Fraud 127 Table F.8.3: Results for
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Fraud 129 law. 40 Apart from that,
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G. Computer Offences 1. First steps
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Computer Offences 133 The evaluatio
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Computer Offences 135
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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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Page 242 and 243: 222 Extract of the trial questionna
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