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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 31<br />

Table B.4 shows the results of the evaluation of the additional questionnaire:<br />

In all responding countries major traffic offences are separately identifiable in<br />

criminal law. However, many countries added the remark that the border line<br />

between major <strong>and</strong> minor traffic offences was not clearly determined in their<br />

countries. Also, for all countries except UK: Engl<strong>and</strong> <strong>and</strong> Wales, all “other offences”<br />

defined as criminal by the law <strong>and</strong> subject to criminal proceedings were<br />

separately identifiable. Regarding minor offences, separate identifiability is not<br />

always the case, as can be seen from table 4.<br />

6. Conclusion<br />

The reformed definition for “criminal offences total” worked quite well. The renaming<br />

of the traffic offence category from “traffic offences defined as criminal<br />

by the law” to “major traffic offences” in the new version is an improvement,<br />

since now the inclusion of traffic offences does no more depend on the quite<br />

accidental question whether an offence is defined as criminal. This might even be<br />

the case for parking offences in some countries.<br />

With respect to minor offences defined as criminal by the law <strong>and</strong> subject to<br />

proceedings outside the criminal justice system, the general exclusion rule proved<br />

to be right. On the other h<strong>and</strong>, the rules for inclusion of minor property <strong>and</strong> minor<br />

violent offences, even if subject to proceedings outside the criminal justice<br />

system, might be subject to revision in a 5 th edition of the ESB.

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