Defining and Registering Criminal Offences and Measures - Oapen
Defining and Registering Criminal Offences and Measures - Oapen
Defining and Registering Criminal Offences and Measures - Oapen
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Bodily Injury (Assault) 51<br />
cases, even 25 countries were able to report data here, more than on police level.<br />
The reason might be that in some countries only the court defines whether a case<br />
is aggravated or not, based on a full assessment of the case.countries). On convictions<br />
level, data availability for bodily injury total was not as good as on police<br />
level. Still, almost all countries were able to provide data. For the aggravated cases,<br />
even 25 countries were able to report data here, more than on police level. The<br />
reason might be that in some countries only the court defines whether a case is<br />
aggravated or not, based on a full assessment of the case.<br />
5. Additional questionnaire <strong>and</strong> evaluation<br />
In the additional questionnaire, it was asked whether the different concepts on the<br />
include / exclude list were separately identifiable in criminal law. The relevant part<br />
of the questionnaire had the following wording:<br />
Bodily injury (assault): inflicting bodily injury on another person with intent (TOTAL)<br />
Please indicate whether these<br />
items are separately identifiable<br />
in criminal law:<br />
Yes No Remarks<br />
Include the following:<br />
minor bodily injury (even if subject to proceedings<br />
outside the criminal justice system)<br />
aggravated bodily injury<br />
bodily injury of a public servant/official<br />
domestic violence<br />
attempts<br />
Exclude the following:<br />
assault leading to death<br />
threats (except in the case of an attempt)<br />
assault only causing pain<br />
slapping or punching<br />
sexual assault<br />
Table C.7 shows the results of the evaluation of the additional questionnaire. According<br />
to that, some of the concepts used on the include/exclude list are separately<br />
identifiable in criminal law, <strong>and</strong> some are not, varying from concept to concept<br />
<strong>and</strong> also between countries. Only few countries have separate legal concepts<br />
for domestic violence (3 out of 10) <strong>and</strong> bodily injury of a public servant (5 out of<br />
10). Therefore, in most other countries these forms of behavior will be considered<br />
“normal” bodily injury (assault). On the other h<strong>and</strong>, most countries have separate<br />
legal rules for threats <strong>and</strong> for sexual assault, thus making it possible to exclude
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