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Defining and Registering Criminal Offences and Measures - Oapen

Defining and Registering Criminal Offences and Measures - Oapen

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<strong>Criminal</strong> <strong>Offences</strong> Total 25<br />

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

In the draft of the final questionnaire the definition of criminal offences total was<br />

changed. Now it was proposed to only include certain minor offences like minor<br />

theft, but to exclude the rest of the offences subject to proceedings outside the<br />

criminal justice system. As a consequence, “include: minor theft” was added to the<br />

definition of theft <strong>and</strong> “include: minor fraud” to the definition of fraud.<br />

The new definition was discussed <strong>and</strong> the group agreed to use it for the final<br />

questionnaire. It had the following wording:<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 whether included or<br />

excluded:<br />

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

stats.<br />

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

Include the following:<br />

minor theft <strong>and</strong> other minor property offences<br />

(even if subject to proceedings outside the criminal justice<br />

system)<br />

minor assault <strong>and</strong> other minor violent offences<br />

(even if subject to proceedings outside the criminal justice<br />

system)<br />

criminal offences committed by juveniles<br />

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

all other criminal offences subject to criminal proceedings<br />

Exclude the following:<br />

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

breaches of public order regulations<br />

all other minor offences subject to proceedings outside the<br />

criminal justice system, even if defined as criminal by the<br />

law (i.e. misdemeanors, contraventions, wykroczenia,<br />

faltas)<br />

In all offence tables of the final questionnaire, it was asked for data on criminal<br />

offences total <strong>and</strong> the sub-category of “Major traffic offences”. On police level,<br />

there were some more categories added to cover the issue of offences proceeded<br />

outside the criminal justice system. There were two sub-categories added to crimi-

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