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Defining and Registering Criminal Offences and Measures - Oapen

Defining and Registering Criminal Offences and Measures - Oapen

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22<br />

3. Trial questionnaire <strong>and</strong> evaluation<br />

<strong>Criminal</strong> <strong>Offences</strong> Total<br />

It was, however, decided to at least pilot the new definition in the trial ESB questionnaire.<br />

Therefore, the trial questionnaire featured a just slightly modified version<br />

that is reproduced here:<br />

In principle, all offences defined as criminal by the law should be included. But there are<br />

some countries which follow a minor offence concept either excluding them from the criminal<br />

code (for example the wykroczenia in Pol<strong>and</strong> in cases of minor thefts etc.) or making them<br />

subject to special proceedings (for example most contraventions in France which are h<strong>and</strong>led<br />

by the police only) outside the criminal justice system. Sometimes they are recorded in police<br />

statistics, sometimes not.<br />

Total criminal offences recorded by the police<br />

Indicate<br />

whether separatelyidentifiable<br />

in criminal<br />

law<br />

Include the following:<br />

minor offences defined as criminal<br />

by the law (i.e. misdemeanours,<br />

contraventions, wykroczenia, faltas),<br />

but subject to proceedings outside<br />

the criminal justice system<br />

criminal offences committed by<br />

juveniles<br />

major traffic offences (e.g. drunk<br />

driving)<br />

other criminal offences<br />

Exclude the following:<br />

minor traffic offences (e.g. parking<br />

offences)<br />

breaches of public order regulations<br />

(Y/N)<br />

Indicate whether included or<br />

excluded:<br />

in pol. stats. in conv. stats.<br />

incl. excl. incl. excl.<br />

In the tables, it was tried to collect data for the total amount of criminal offences<br />

<strong>and</strong> for the sub-groups “Minor offences defined as criminal by the law, but<br />

subject to criminal proceedings outside the criminal justice system” <strong>and</strong> “Major<br />

traffic offences”.<br />

The results of the trial phase can be seen in tables B.1 <strong>and</strong> B.2. The results<br />

show a quite good agreement with the st<strong>and</strong>ard definition, except with respect to<br />

the minor offences include rule. With respect to minor offences proceeded outside<br />

the criminal justice system, things were even more problematic when looking<br />

at data availability: While all responding countries (except Switzerl<strong>and</strong> for police

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