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Robert Mischkowitz

DEVELOPMENT OF MONITORING
INSTRUMENTS FOR JUDICIAL AND LAW
ENFORCEMENT INSTITUTIONS IN THE
WESTERN BALKANS

PHASE 3 – POLICE TRAINING


Belgrade, 8th – 10th November 2010

With funding from the DEVELOPMENT OF MONITORING INSTRUMENTS FOR


European Union JUDICIAL AND LAW ENFORCEMENT INSTITUTIONS IN
THE WESTERN BALKANS 2009-2011
Phase three – Training
Session 1

• Introductions
• Where this training fits into the CARDS
Project
• How the sessions are organised

With funding from the DEVELOPMENT OF MONITORING INSTRUMENTS FOR


European Union JUDICIAL AND LAW ENFORCEMENT INSTITUTIONS IN
THE WESTERN BALKANS 2009-2011
Phase three – Training
MY BACKGROUND
• Head of Unit KI 12 – “Police crime statistics research unit, criminal-statistical
and criminological analyses, research on undetected/unreported crime” in the
German Bundeskriminalamt (BKA)
• Entry into the Bundeskriminalamt in 1993
• Senior researcher in the BKA (1999-2000); main fields of research:
• Xenophobic violence; drugs and crime; corruption in police, customs and
judiciary; organized crime research
• Head of the administrative office of the committee of experts responsible for
the .Periodical Report on Crime and Criminal Justice in Germany (2000-2006)
• Before entering the BKA: Research assistant at the Institute of Criminolgy at
the University of Tübingen (1983-1993)
• Tübingen Comparative Study of Young Offenders (criminal career research)
• Study of sociology, political science and economics (Tübingen, Ann Arbor)
INTRODUCTIONS FROM PARTICIPANTS
STRENGTHENING JUSTICE & HOME AFFAIRS STATISTICS IN
THE WESTERN BALKANS

• Objective: to strengthen response to crime and corruption by


bringing national statistics on justice and home affairs towards
compliance with international standards and EU acquis
• Project funded by the EU under the CARDS programme with
additional funds from Germany
• Started in 2009, ends in 2011
• Three phases
7 countries / territories
Albania, Bosnia & Herzegovina, Croatia, FYROM, Kosovo (under
UNSCR 1244), Montenegro, Serbia
THE THREE PHASES: PHASE 1 (RESEARCH)

• Set out relevant international standards and EU acquis


• Picture of the strengths & weaknesses of data collection systems
• Identify gaps and needs of statistical systems
It involved:
 Desktop research
 7 research missions
One output:
 Technical Assessment Reports for 7 countries / territories
PHASE 2: GUIDELINES
• To identify common data collection challenges
• To discuss and adopt specific draft programme guidelines
• To agree on a set of regional indicators
• To prioritise training needs and adopt outlines of training
programmes
It involved:
 Preparation of draft Programme Guidelines
 Feedback from project countries / territories
 Discussion and adoption at First Regional Workshop
One output:
 Programme Guidelines adopted
PHASE 3: TRAINING

• To design and deliver targeted training activities


• To improve national capacities to record and report JHA
statistics in line with international standards and EU acquis
• To identify areas for further work and improvements

It involves:
 Training to be carried out by international experts together
with national focal points and national counterparts
 Training delivered to police, prosecution, courts, and
institutions in areas of migration / asylum / visa
FIRST REGIONAL WORKSHOP (SKOPJE, MAY 2010)

Goals
• To present the technical assessment reports
• To identify common data collection challenges
• To adopt specific draft guidelines
• To prioritise training needs
• To adopt the outlines of the training program
• To agree on a set of regional indicators
CHALLENGES OF THE CCJ STATISTICAL SYSTEM IN
THE WESTERN BALKANS
• Developing person-based systems
• Developing better computerised systems to record data
• Assigning a unique Integrated File Number (IFN) to person-
records in order to track persons across the whole CCJ system
• Defining clear written counting rules to record crime incidents
• Training all responsible staff with regard to implementation
• Enhancing statistical analysis of the data collected
• Improving public dissemination of the data collected
I WILL DEAL WITH SOME BUT NOT ALL OF THESE ISSUES
RECOMMENDATIONS FROM THE PROGRAMME
GUIDELINES
#1 Offender-victim relationship and - if Session 4
available - ethnicity
# 3, # 4, Dealing with cases where there are multiple Session 4
#5 offences and suspects (# 3). ‘principle
offence rule’ (# 3). Training for others on
this (# 4)
# 6, # 7, Publication of annual standard tables on Sessions 3, 5, 6
# 13 offences, offenders and victims. Internet
publication.
# 46 Victim surveys Session 7
Suggested training topics
• recording templates (for example, recording of victim-offender
relationship)
• registering criminal liability of legal entities;
• counting and recording of offences/persons with links to organized
crime
• collection and recording of statistics on hate crimes (crimes with
racist, xenophobic or other similar motive) pp.
• use of analytical software (like data warehouse etc.)
• reporting and publishing of crime statistics - different products for
different audiences
• best practice for dissemination of crime statistics (internet, etc..)
• transfer of knowledge and experience from other crime statistics
systems (for example, on counting rules and person characteristics
covered in the German crime statistics system)
I WILL DEAL WITH SOME BUT NOT ALL OF THESE ISSUES
Session 2

Overview of reports of police data


at international and national level

With funding from the DEVELOPMENT OF MONITORING INSTRUMENTS FOR


European Union JUDICIAL AND LAW ENFORCEMENT INSTITUTIONS IN
THE WESTERN BALKANS 2009-2011
Phase three – Training
SESSION 2: OVERVIEW OF REPORTS OF POLICE DATA
AT INTERNATIONAL & NATIONAL LEVEL

• The need for valid data and common standards – some


preaching!
• Main international compilations of police figures
• Examples of national report
 Germany
 UK

• Introduction to suggested Regional Indicators and Pilot Data


Collection Exercise

With funding from the DEVELOPMENT OF MONITORING INSTRUMENTS FOR


European Union JUDICIAL AND LAW ENFORCEMENT INSTITUTIONS IN
THE WESTERN BALKANS 2009-2011
Phase three – Training
THE NEED FOR VALID STATISTICS
• For knowledge-based crime policy....
You need to know ‘the facts’
• To interpret your knowledge....
You need to compare across years, and across countries
• To compare....
Your data need to be comparable within your own jurisdiction over
time, and – ideally – with other jurisdictions
• To be comparable....
Means that common standards have been applied – within the
jurisdiction, and over time, and – ideally – the same as other
jurisdictions
Based on Kauko Aromaa
(HEUNI)
With funding from the DEVELOPMENT OF MONITORING INSTRUMENTS FOR
European Union JUDICIAL AND LAW ENFORCEMENT INSTITUTIONS IN
THE WESTERN BALKANS 2009-2011
Phase three – Training
COMMON STANDARDS
• Work developing fast within the UN and the EU
 Guidance manuals from the UN and EU
• But there are considerable difficulties in reaching comparability
because of:
 Different legal frameworks and definitions of offences
 Different policing and prosecutorial arrangements
 Differing capacities in criminal justice agencies
 Different operational requirements that the statistics serve
 Different counting rules (Session 4)

With funding from the DEVELOPMENT OF MONITORING INSTRUMENTS FOR


European Union JUDICIAL AND LAW ENFORCEMENT INSTITUTIONS IN
THE WESTERN BALKANS 2009-2011
Phase three – Training
INTERNATIONAL REPORTS

• Not very long-standing


• All come with substantial caveats
• World Health Organisation – covers violence (probably least
comparable)
• United Nations Survey on Crime Trends and the Operation
of the Criminal Justice System (UN – CTS)
• European Sourcebook
• Eurostat: Statistics in Focus – Crime and Criminal Justice
• International Crime Statistics (ICS – ICPO)

With funding from the DEVELOPMENT OF MONITORING INSTRUMENTS FOR


European Union JUDICIAL AND LAW ENFORCEMENT INSTITUTIONS IN
THE WESTERN BALKANS 2009-2011
Phase three – Training
UNITED NATIONS

• Latest edition 2010 (covering data


from 1996 – 2006)
• Data available
• Serbia provided data for 11th
Survey
• Covers more than police-recorded
crime - e.g., CJS personnel and
prisoner numbers
• Data requirements have been
simplified over time

http://www.unodc.org/documents/data-and-analysis/Crime-statistics/
International_Statistics_on_Crime_and_Justice.pdf
With funding from the DEVELOPMENT OF MONITORING INSTRUMENTS FOR
European Union JUDICIAL AND LAW ENFORCEMENT INSTITUTIONS IN
THE WESTERN BALKANS 2009-2011
Phase three – Training
EUROPEAN SOURCEBOOK

• Latest edition 2010


• About three previous editions
• Data available
• Serbia has not provided data
• Much work done on improving and
documenting comparability

http://www.europeansourcebook.org/ob285_full.pdf
With funding from the DEVELOPMENT OF MONITORING INSTRUMENTS FOR
European Union JUDICIAL AND LAW ENFORCEMENT INSTITUTIONS IN
THE WESTERN BALKANS 2009-2011
Phase three – Training
EUROSTAT

• Latest edition 2009


• Modelled on Sourcebook
• Serbia has provided data
• Seven crime types
• Limited commentary, but good
notes

http://epp.eurostat.ec.europa.eu/cache/ITY_OFFPUB/KS-SF-09-036/EN/KS-SF-09-
036-EN.PDF
With funding from the DEVELOPMENT OF MONITORING INSTRUMENTS FOR
European Union JUDICIAL AND LAW ENFORCEMENT INSTITUTIONS IN
THE WESTERN BALKANS 2009-2011
Phase three – Training
ICPO – International Crime Statistics (ICS)

With funding from the DEVELOPMENT OF MONITORING INSTRUMENTS FOR


European Union JUDICIAL AND LAW ENFORCEMENT INSTITUTIONS IN
THE WESTERN BALKANS 2009-2011
Phase three – Training
NATIONAL REPORTS

• Massive variety of styles


• Usually annual
• Sometimes with other criminal justice system information;
sometimes not
• Sometimes with special topics; sometimes not
• USA – ‘Index’ crimes only
• Now usually available on the web
• Data sometimes downloadable

With funding from the DEVELOPMENT OF MONITORING INSTRUMENTS FOR


European Union JUDICIAL AND LAW ENFORCEMENT INSTITUTIONS IN
THE WESTERN BALKANS 2009-2011
Phase three – Training
NATIONAL REPORTS

• Massive variety of styles


• Usually annual
• Sometimes with other criminal justice system information;
sometimes not
• Sometimes with special topics; sometimes not
• USA – ‘Index’ crimes only
• Now usually available on the web
• Data sometimes downloadable

With funding from the DEVELOPMENT OF MONITORING INSTRUMENTS FOR


European Union JUDICIAL AND LAW ENFORCEMENT INSTITUTIONS IN
THE WESTERN BALKANS 2009-2011
Phase three – Training
Germany – Yearbook published by BKA
Germany – PCS Brochure (Ministry of the Interior)
Germany - Presentation of statistics
ENGLAND & WALES
• Publication has changed over time
• Now covers British Crime Survey (BCS)
and police figures
• Produce additional reports - e.g.,
homicide
• Also quarterly bulletins
• Publication tightly controlled by Office
of National Statistics rules
SUGGESTED REGIONAL INDICATORS (1)
No. of CRIMES recorded by the Recorded by the police (some
police, by offence type crimes are not reported by victims)

No. of PERSONS recorded by the The first stage of the ‘attrition’


police as suspects, by offence type calculation. In the current system,
these are ‘suspects’.
No. of PERSONS (suspects), by age
group
No. of PERSONS (suspects), by sex
No. of PERSONS (suspects), by
citizenship
No. of PERSONS (suspects), by Not currently collected
ethnicity
No. of PERSONS (suspects), by Feasible?
whether recidivist or not
SUGGESTED REGIONAL INDICATORS (2)

No. of VICTIMS of crime recorded, Issue of counting the number of


by offence type victims
No. of VICTIMS recorded, by age
No. of VICTIMS recorded, by sex
No. of VICTIMS recorded, by
citizenship
No. of VICTIMS recorded, by May be problematic for some crime
ethnicity types
Offender-victim relationship in
recorded crime, by offence type
SUGGESTED REGIONAL INDICATORS (3)

Victimisation rates (prevalence Crimes included in scope of the


rates) by crime type according to survey
victim surveys

Share of crimes reported and un- Crimes ‘reported to’ the police, or
reported according to victim which ‘the police came to know
surveys about’
OFFENCES FOR THE REGIONAL INDICATORS
The following offence types are considered as core crimes to be covered in the
12th UN Survey by the end of 2010:
Not all these
Intentional Homicide offences are being
Violent Crime covered in the Pilot
AssaultData Collection
Sexual Exercise
Violence
Rape
Robbery
Property Crime
Theft
Motor Vehicle Theft
Burglary
Domestic Burglary/Housebreaking
Drug Possession/Use
Drug Trafficking
Kidnapping for Ransom
How do the tables in Serbian statistics currently
meet the requirements of the suggested Regional
Indicators?
Session 3

Overview of tablews and analysis in current


German reports on crime and tables produced
in Serbia
Table 01 and 08
Police Crime Statistics Table 01
Basic Table Coverage: Federal Republic of Germany
Reporting period: 2009
Key Number of crime scenes in relation to population Total Of column 16
With firearm Clear-ups
no. Offense (categories) Recorded In % Of column 3 < 20.000 100.000 500.000 Un- recorded Non-German
cases of all attempts 20.000 < < and known shot In % suspects Male Female suspects
threatened Cases
cases Cases In % inhabitants 100.000 500.000 more (CR) Number In %
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20

Police Crime Statistics Table 08


Statistics of the time of offense Coverage:
(Figures as of 30 April of the year following the period under review) Reporting period:
Key Total Month of offense Time of offense
no. Offense (categories) number of unknown
cases Jan. Febr. March April May June July Aug. Sept. Oct. Nov. Dec.
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16
Most important tables (11 out of 25)

• Table 01 Basic table (recorded offences and attemps by size of


communities, recorded suspects use of firearm, clearance
etc.)
• Table 07 Offences by amount of loss
• Table 12 Information about cleared up cases
• Table 20 Suspects by age and sex
• Table 21 Relationship between place of the offense and residence
of suspect
• Table 22 Other information about suspects
• Table 61 Non-German suspects by nature of and reason for their
stay in Germany
Most important tables (11 out of 25)

• Table 91 Victims by age and sex


• Table 92 Relation between victims and suspects
• Table 40 German suspects by age and sex
• Table 50 Non-German suspects by age and sex
PKS-EDS Datenanlieferung
Data Set - Identification

<?xml version="1.0" encoding="ISO-8859-15" ?>


- <ZK0S V="5.0" QUAL="N" ID="0001339802" S-ADR="12" E-ADR="20">
- <PKSEINZELDATENSATZ>
- <IDENTIFIZIERUNG>
<BUNDESLAND>12</BUNDESLAND>
<DIENSTSTELLE>1200000</DIENSTSTELLE>
<JAHR>2010</JAHR>
<VORGANGS_NR>T123456789012</VORGANGS_NR>
<LAUFENDE_NR>0001</LAUFENDE_NR>
</IDENTIFIZIERUNG>
Case Data

- <FALL>
<STRAFTATENSCHLUESSEL>224000</STRAFTATENSCHLUESSEL>
<BERICHTSDATUM>20101103</BERICHTSDATUM>
<VERSUCH>N</VERSUCH>
<TATZEIT_ENDE>2010080314</TATZEIT_ENDE>
<TATORT_GEMEINDE>12064029</TATORT_GEMEINDE>
<TATORT_GROESSENKLASSE>1</TATORT_GROESSENKLASSE>
<TV_ALLEINHANDELND>J</TV_ALLEINHANDELND>
</FALL>
Victim Data

- <GESCHAEDIGTE>
- <GESCHAEDIGTEPERSON>
<ALTER_ZUR_TATZEIT>32</ALTER_ZUR_TATZEIT>
<GESCHLECHT>W</GESCHLECHT>
<TV_BEZIEHUNG_FORMAL>200</TV_BEZIEHUNG_FORMAL>
<TV_BEZIEHUNG_RML_SOZ>799</TV_BEZIEHUNG_RML_SOZ>
<SPEZIFIK>9000</SPEZIFIK>
</GESCHAEDIGTEPERSON>
</GESCHAEDIGTE>
Suspect Data
- <TATVERDAECHTIGE>
- <TATVERDAECHTIGEPERSON>
<ALTER_ZUR_TATZEIT>23</ALTER_ZUR_TATZEIT>
<GESCHLECHT>W</GESCHLECHT>
<STAATSANGEHOERIGKEIT>000</STAATSANGEHOERIGKEIT>
<P_IDENTIFIZIERER>CE9B41EA207E5AEF</P_IDENTIFIZIERER>
<PERSONENEINSTELLUNGSDATUM>20101103</PERSONENEINSTELLUNGSDATUM>
<KONSUMENT_HARTER_DROGEN>N</KONSUMENT_HARTER_DROGEN>
<IN_ERSCHEINUNG_GETRETEN>J</IN_ERSCHEINUNG_GETRETEN>
<ALKOHOL_ZUR_TATZEIT>N</ALKOHOL_ZUR_TATZEIT>
<SCHUSSWAFFE_MITGEFUEHRT>N</SCHUSSWAFFE_MITGEFUEHRT>
<MIT_WOHNSITZ>2</MIT_WOHNSITZ>
<AUFENTHALTSANLASS>000</AUFENTHALTSANLASS>
</TATVERDAECHTIGEPERSON>
</TATVERDAECHTIGE>
</PKSEINZELDATENSATZ>
</ZK0S>
What tables are produced in Serbia?
Data Base and Sources of Information

Police Crime Statistics Criminal Justice Statistics

Periodical Report

Situation Reports Criminological Research


Committee and Administrative Office

Commitee of Experts
Ministry of the Interior
Ministry of Justice
Federal Criminal Police Office
Federal Statistical Office
Central Institute of Criminology

Administrative Office

Federal Criminal Police Office


Federal Statistical Office
Central Institute of Criminology
Definition of Organised Crime

Organised Crime is the planned commission of criminal offences


determined by the pursuit of profit or power, which, individually
or as a whole, are of considerable importance,

• whenever more than two persons involved collaborate


• for a prolonged or indefinite period of time,
• each with his own appointed tasks

a) by using commercial or business-


like structures,
b) by using violence or other means suitable
for intimidation or
c) by exerting influence on politics, the media,
public administration, judicial authorities or the economy.
Objectives of the Reporting Service

• Maintenance of a uniform system of data collection as part


of the Criminal Police Reporting Service at home and abroad
in case an investigation is is being conducted in Germany.

• Creation of a reliable database for


- evaluation
- statistical evidence
- leadership decisions
- police decisions
- criminological research
for prevention and law enforcement purposes
Objectives of the Reporting Service

• Facilitation of a differentiated consideration of the


politically motivated crime by multidimensional data
collection

• Ensuring adequate inclusion of the necessary politically


motivated crime data in the police crime statistics
Definition of Politically Motivated Crime
Criminal offences are regarded as politically motivated
Crimes if, in view of the circumstances and/or the
perpetrator‘s attitude, there are indications that these
offences:

• are aimed at influencing the democratic process of


formulating objectives, are intended to achieve - or
prevent the achievement of - political objectives, or are
directed against the implementation of political decisions
• are directed against the free democratic order or any of
its essential elements, or against the existence and the
security of the Federation or any of the federal states, or
are aimed at unlawfully obstructing members of Federation
or state constitutional organs in the performance of their
duties
Definition of Politically Motivated Crime
Criminal offences are regarded as politically motivated
crimes if, in view of the circumstances and/or the
perpetrator‘s attitude, there are indications that these
offences:
• jeopardize foreign interests of the Federal Republic of Germany
through the use of violence, or of acts preparatory to the use of
violence
• are directed against an individual because of his or her political
views, nationality, ethnic origin, race, skin colour, religion,
ideology or origin, or are motivated by an individual‘s outward
appearance, handicaps, sexual orientation or social status, and if
there is a causal connection between these aspects and the
offence, or if the offence is directed in this context against an
institution, object or building.
Reporting procedure
I. Identification of a criminal offence subject to reporting
II. Transmission of the report by the state security unit to the
appropriate state criminal police office by means of a
„Tactical Inquiry (KTA-PMK)“
III. Consideration of the uniform use of the definitions and
collection criteria as well as inclusion of the report in the
state criminal police office database and onward
transmission to the BKA
IV. Inclusion of the report in the BKA database. In a reply to
the reporting unit, the BKA and state criminal police office
share any intelligence held in their databases and records
about the crime and/or criminal(s).
Repording produce

V. In case of significant progress made in the investigation


(e.g. identification/location of criminal(s)) or changes in
the assessment of the situation, follow-up reports must be
dispatched by additional KTA-PMK.
VI. Upon conclusion of the police investigation a final KTA-PMK
is provided.
Economic crimes (key no. 8930)
The following offences are considered to be „economic crime“:
1. all the criminal offences (except for computer fraud) listed
in Sec. 74c (1) Nos. 1-6 of the Judicature Act (GVG)
a) criminal offences according to the Patents Act…..
b) criminal offences involving the banking industry …
.
.
e) subsidy fraud, investment fraud, credit fraud…

2. offences committed in connection with actual or simulated


economic activity and which, in addition to causing loses to
individuals, can impair the economic sector or the general
public and/or that require a special knowlede of business to
clear them up
Table 02 Economic crime

Polizeiliche Kriminalstatistik Hinweis: Tabelle 02


Grundtabelle "Wirtschaftskriminalität" Die Daten in Spalte 16 - 20 sind wegen der erstmalig durchgeführten Echt-Tatverdächtigenzählung für den Bereich: Bundesrepublik Deutschland (70)
Erstellt: 22. Feb. 2010 Bund mit den Vorjahren nicht vergeichbar. In den Vorjahren gab es im Bund immer eine Überzählung der Berichtszeitraum: 2009
Schl.- Tatortverteilung Gesamtzahl von Spalte 16
Aufklärung
zahl Straftat erfasste %-Anteil von Spalte 3 bis unter 20.000 100.000 500.000 unbe- der ermittelten Nichtdeutsche
der Tat Fälle an allen Versuche 20.000 bis unter bis unter und kannt in % Tatver- männlich weiblich Tatverdächtige
Fälle
Taten Fälle in % Einwohner 100.000 500.000 mehr (AQ) dächtigen Anzahl in %
1 2 3 4 5 6 7 8 9 10 11 14 15 16 17 18 19 20
------ Straftaten insgesamt 101.340 100,0 5.267 5,2 22.164 20.392 19.774 37.022 1.988 92.973 91,7 35.801 27.862 7.939 6.205 17,3
000000 Straftaten gegen das Leben 0 0,0 0 0,0 0 0 0 0 0 0 0,0 0 0 0 0 0,0
100000 Straftaten gegen die sexuelle Selbstbestimmung 4 0,0 0 0,0 1 2 1 0 0 4 100,0 4 4 0 0 0,0
110000 Straftaten gegen die sexuelle Selbstbestimmung unter Gewaltanwendung
0 oder
0,0Ausnutzen 0eines 0,0
Abhängigkeitsverhältnisses
0 §§0174, 174a, 174b,
0 174c, 177,0 178 StGB0davon: 0 0,0 0 0 0 0 0,0
111000 Vergewaltigung und sexuelle Nötigung §§ 177 Abs. 2, 3 und 4, 1780 StGB davon:
0,0 0 0,0 0 0 0 0 0 0 0,0 0 0 0 0 0,0
130000 Sexueller Missbrauch §§ 176, 176a, 176b, 179, 182, 183, 183a StGB
0 davon:0,0 0 0,0 0 0 0 0 0 0 0,0 0 0 0 0 0,0
Session 4

Particular issues from the


recommendations (1)

With funding from the DEVELOPMENT OF MONITORING INSTRUMENTS FOR


European Union JUDICIAL AND LAW ENFORCEMENT INSTITUTIONS IN
THE WESTERN BALKANS 2009-2011
Phase three – Training
§ 2 Abs. 6 Nr. 2 BKAG

§ 2 Central agency

(6) In its capacity as central agency to support the Federal


and State police forces in the prosecution and
prevention of crime, the Bundeskriminalamt shall also

1. ……
2. compile criminal police analyses and statistics,
including the crime statistics, and, to this end,
observe the developments in crime,
Outline of the „Guidelines for Maintaining the Police Crime Statistics„

Main Part •Preface (duties and responsibilities, content)


•Term definitions (case, suspect, use of fire arm, crime scene etc.)
•Aggregated key-no. (e.g. violence crime)
•Counting and registration rules
•Responsibilities of the „State Criminal Police Offices“
•Responsibility of the „Federal Criminal Police Office“

Attachement • PCS catalogue incl. plausiblities


• Table overview
• Definition catalogue
• Flow chart of the counting and registrations rules
• Compilation of examples
• Compilation of resolutions
Police Crime Statistics Committee
Offence classification scheme

• A standard offence classification scheme is


one of the most important requirements of a
national system of criminal justice.
(UNODC Manual § 3.33)
Catalogue of offences
T5
Key Offense (categories) Recorded cases Change CR %
no. 2009 2008 Number in % 2009 2008
3***00 Theft without aggravating circumstances (Sects. 1.235.881 1.277.295 -41.414 -3,2 43,8 43,3
242, 247, 248 a-c PC)
3**100 of motor vehicles (including taking without 7.436 8.050 -614 -7,6 66,2 63,9
consent)
335*00 in/from dwellings 49.550 49.404 146 0,3 54,8 56,4

T5
Key Offense (categories) Recorded cases Change CR %
no. 2009 2008 Number in % 2009 2008
513200 2) investment fraud under Sect. 263 PC 16.438 4.929 11.509 233,5 99,7 98,8
514200 subsidy fraud (Sect. 264 PC) 625 773 -148 -19,1 97,9 98,4
The Principal Offence Rule (POR)

“If a single offender commits a variety of crimes in one


“incident”, how many offences should be recorded for
statistical purposes? If, as in many countries only the most
serious offence is counted for statistical purposes, the
result is to deflate incidence statistics and at the same
time inflate the proportion of serious to non-serious
incidents.” (UNODC Manual § 3.32)
THE PRINCIPLE OFFENCE RULE (POR)
International guidelines suggest it may be appropriate to apply a POR
when counting and reporting offences.

Written counting rules should say whether a POR rule is applied or not
• In the Western Balkan, only Albania applies a POR
• In other Western countries, about half apply a POR, and half do not
• The main thing is to know (if there is no POR, the crime count is
higher)
Ideally,the POR should be consistent across agencies – police,
prosecutors, courts
• BUT changing to a POR will reduce the crime count, and cause a
‘break’ in the crime statistics series
Germany - Counting Rules

Overview

• Basic case recording principle

• Subsequent acts of the same kind

• Penal accumulation of offences

(see Handout # 6)
Germany - Counting Rules

Basic case recording principle

• Every unlawful act (criminal offense) that comes to light during


an investigation must be recorded as 1 case, regardless of how
many victims are involved.
• When a criminal offense coincides with another offense, these
must also be recorded as 1 case (Section 52 of the German Penal
Code - "natural unity of acts"). The criminal offense recorded as
a case is the offense to which the most severe penalty applies in
terms of type and degree.
Germany - Counting Rules

Subsequent acts of the same kind

• When, during an investigation further unlawful acts committed by


the same suspect that are covered by the same key number come to
light, these are recorded as only 1 case if the following prerequisites
are met:

Repeated commission of the same unlawful act solely to the


detriment of the same victim.

Repeated commission of the same unlawful act (without


specific victims).
Germany - Counting Rules

Penal accumulation of offences

• If several unlawful acts committed by the same suspect were


independent acts to the detriment of different victims, each act
counts as 1 case.
Germany - Counting Rules
Scheme for the finding of the number of cases

no
(only) One no
Acts against the
criminal act
same section of
(in legal
the penal code?
sense)?

yes
yes
Identical further
descriptions of no
modus operandi
(specific
catalogues)?

yes

no
Same victim or the
public is the victim?

yes

no
Same suspect
(known or assumes
because of facts)?

yes

Number of cases
1 case =
Number of acts
THE PRINCIPLE OFFENCE RULE - EXAMPLE

Offences
POR No POR
Assault  
Criminal damage  
Offences 1 2

Suspects
MULTIPLE OFFENDERS / SUSPECTS
If there is more than one offender involved in an offence, six of the
Western Balkans countries count one offence (including Serbia?)
In one country, the number of offences = the number of offenders
In terms of suspects, it is reasonable to count two

Offenders (suspects)
No POR
One Two
Assault  
Criminal damage  
Offences 2 2?

Suspects 1 2
Counting the “real number” of suspects

„If, during the period under review, several offences from


different key categories are linked to the same suspect, the
suspect is counted seperatly for each subordinate group but is
counted only once in the corresponding superordinate offence
category and/or in the total number of offences.“
Counting the “real number” of suspects
Annual count of
One offender commits in 2010….
Cases Suspects

2 cases of thef by burglary (435*00) 2 1

1 case of motor vehicle theft (445200) 1 1

3 cases of thefts under aggravating 3 1


circumstances (400000)

1 case of handbag robbery (216000) 1 1

2 cases of dangerous and serious bodily injury 2 1


(222000)
3 cases of brutality and offenses against 3 1
personal freedom (200000)

TOTAL OFFENCES IN 2010 (------) 64 1


Session 5

Particular issues from the


recommendations (2)

With funding from the DEVELOPMENT OF MONITORING INSTRUMENTS FOR


European Union JUDICIAL AND LAW ENFORCEMENT INSTITUTIONS IN
THE WESTERN BALKANS 2009-2011
Phase three – Training
Reporting on victims

• Monitor and assess the impact of crime on and the relative


safety of various segments of the community
• Interest in statistics on victims is relatively recent
• Suspect-offender-relationship
• Vitimization surveys

(UNODC Manual, § 3.10)


Categories of victim-suspect-relationship

• Related
• Acquainted
• Fellow countryman
• Passing relationship
• No Relationship
• Unclear
Victim Specification Categories
1. In General/ formal
Key Content Description

1000 Helpless Person, due to


1100 Alcohol-/Drugs-/Medication influence
1110 Alcohol influence
1120 Drug influence
1130 Medication influence
1200 Handicapped (physical/mental)
1300 Infirmity/Age/Malady
1900 Otherwise helpless person
2000 Occupation/Activity
2100 Security Service -private-
2200 Money Courier
2300 Teacher
2400 Student/Pupil
2500 Taxi driver
2600 Executory officers and equally classified persons acc. to §§ 113, 114 German CC



Victim Specification Categories referring
2. Victim Specification Categories referring to social and spatial proximity
Key Content Description
100 Living in the same household
110 Educational-/Care relationship
190 Other relationship
200 Educational-/Care relationship
- without common household -
210 In Healthcare
211 Hospital
212 Old age- / Nursing home
213 Home care
219 Other in healthcare
220 In Education
290 In other areas including
Probation and Juvenile Justice
700 Other Relationship
710 Neighbours
720 Affiliation to same company
730 Business relationship
799 Other relationship


Citizenship and Ethnicity

• Citizenship
• Definition of ethnicity (self-definition?)
• Migration background
Session 6

Publication of results, analysis and


interpretation

With funding from the DEVELOPMENT OF MONITORING INSTRUMENTS FOR


European Union JUDICIAL AND LAW ENFORCEMENT INSTITUTIONS IN
THE WESTERN BALKANS 2009-2011
Phase three – Training
SESSION 6: PUBLICATION OF RESULTS, ANALYSIS
AND INTERPRETATION

 What types of publication are feasible?


 What frequency of publication is feasible?
 Matching different user requirements
 What types of analysis are best? What are feasible?
 The type and amount of analysis and interpretation

With funding from the DEVELOPMENT OF MONITORING INSTRUMENTS FOR


European Union JUDICIAL AND LAW ENFORCEMENT INSTITUTIONS IN
THE WESTERN BALKANS 2009-2011
Phase three – Training
Germany – Yearbook published by BKA

With funding from the DEVELOPMENT OF MONITORING INSTRUMENTS FOR


European Union JUDICIAL AND LAW ENFORCEMENT INSTITUTIONS IN
THE WESTERN BALKANS 2009-2011
Phase three – Training
Germany – PCS Brochure (Ministry of the Interior)

With funding from the DEVELOPMENT OF MONITORING INSTRUMENTS FOR


European Union JUDICIAL AND LAW ENFORCEMENT INSTITUTIONS IN
THE WESTERN BALKANS 2009-2011
Phase three – Training
Press Conference – PCS 2009

With funding from the DEVELOPMENT OF MONITORING INSTRUMENTS FOR


European Union JUDICIAL AND LAW ENFORCEMENT INSTITUTIONS IN
THE WESTERN BALKANS 2009-2011
Phase three – Training
Homepage
What type and mode of publication is feasible?

• Yearbook
• Brochure
• CD
• Internet
• Media
• Public service unit
What frequency of publication is feasible?

• Dependent on a variety of factors


• Annual publication
• Quarterly or half-year publication
• Input or output statistics
Matching different user requirements

police
general
public

policy

scientific PCS
community

interest
groups
media int. and
supranational
institutions
What types of analysis are best? What are feasible?

• Analysis should normally be limited to presentation and


technical interpretation of the data.
• While users often want interpretive analysis of the policy
implications of statistical findings, a bureau of criminal
justice statistics may jeopardize its credibility and
perceived objectivity by performing this type of analysis.
• Therefore, policy analysis and data interpretation may be
more appropriately performed by subject-matter specialists
under the guidance of statistical experts

(UNODC Manual, § 63)


The type and amount of interpretation

• Numbers do not speak for themselves


• Use of metadata
• Criminological ans sociological theories
• Recommendations
Statistics on crime and social research

• Interdependency of statistics and social


research
• Expectations of social researchers
• Expectations of statisticans
Session 7

Victimisation surveys
The purpose of victimisation surveys

Purpose of victim surveys (Excerpt of the UNODC Manual on


Victimization Surveys, 2010, pp 4-5)

• Measuring fear of crime and the perception of safety

• Understanding the level and nature of personal and


household crime, as well as their confidence in law
enforcement agencies

• Covering a wide range of incidences and experiences not all


of which may be actual crimes according to the law, or as
recognized by criminals justice agencies
The purpose of victimisation surveys

• Depending on the budget availability a range of questions can be


answered:

– How much crime is there and what are its characteristics?


– What are the characteristics of victims and perpetrators?
– Has the level of crime changed over time?
– What are the risks of becoming a victim?
– Have perceptions of safety changed over time?
– How much crime is reported to authorities and if it is not, why not?
– Are crime prevention policies working?
– Is there a relationship between fear of crime and actual levels of crime?
– What is the impact on vulnerable groups in the community such as
migrants, indigenous people, the elderly or those with a mental illness?
The purpose of victimisation surveys

Further purpose of victim surveys (Excerpt of the “BUKS Final


Report“, 2002)

• Identification of special risk-populations and -areas, both from a


local and socio-economic point of view
• Covering the objective and subjective severity of victim experience
for assessing the public relevance (influence on the registration on
crime)
• Measuring the public need for punishment, the offender-victim
relation, victimisation in the domestic context, possibilities of
informal adjustement, availabilities of social assistence-systems for
coping with victim experiences
The purpose of victimisation surveys

• Covering the use and assessment of victim support agencies


• Measuring the perceived cruelty of crime types for gathering
information about the ethical assessment of behaviour and
acceptance of different forms of punishment
• Measuring the acceptance of the criminal justice system and their
work, in particular of the police and the courts
The purpose of victimisation surveys
Violence crime in Police Crime Statistics and in Victim Surveys
VICTIMISATION SURVEYS (LIMITATIONS)
• Can’t cover all crimes
 murder (obviously)
 Fraud
 victimisation of children difficult
• Non-response can be high
 Are non-responders different?
• Do respondents remember everything? Minor offences likely to be
forgotten
• Do respondents tell interviewers everything? (Domestic violence)
• Sampling error
 Problematic for more uncommon crimes (e.g., robbery)
INTERNATIONAL VICTIMISATION SURVEYS

• Set up because independent surveys not comparable


 Meant to use identical questionnaires
 Same analysis methods
• A few international business surveys
• Some international surveys on violence against women
 but some lack of comparability – e.g. WHO
THE MAIN ONES

International Crime Victimisation Survey (ICVS)


Five sweeps - 1989, 1992, 1996, 2000, 2004/5
Tirana (Albania) ‘96; Zagreb (Croatia) ‘96, 2000; Skopje ’86 Belgrade (Yugosl.)
‘96

2004/5 ICVS – two different threads


EU-ICVS ICVS outside EU
15 member states 15 countries
All told, 30 countries + 33 city surveys
None of the Western Balkan countries
ICVS-II – 2 rounds
Mainly testing (including CAWI)
2008 2010
4 countries 6 countries
International comparative exercises
EU-Action Plan (2006-2010): Developing a comprehensive and
coherent EU strategy to measure crime and criminal justice

Twin-track approach

Collection of available national Significant efforts to developing


statistics on crime and truly comparable statistics
criminal justice

„Statistic in Focus“ „EU Crime Survey“


SURVEYS TO BE COMPLETED

Eurostat 2013
All member states
Questionnaire piloted tested in 17 countries
Questionnaire now revised (see handout) but not agreed on

UNODC CORRUPTION SURVEYS IN WESTERN BALKANS


Has short victimisation survey module (see handout)
Mainly National Statistical Offices
Fieldwork completed in Macedonia
Results December 2010?
International comparative exercises
Outline of the Questionnaire

A Feeling safe and worries about crime


B Screening questions (vehicle ownership etc.)
C Victimisations screeners
• Vehicle-related crimes
• Household-related crimes
• Personal crimes
• “Non-conventional” crime
D Victimisation details
E Attitudes to law enforcement and security precautions
F Additional personal and household information

G Partner / non-partner physical and sexual violence


THE POSITION

• Small changes in methodology can upset comparability even


with surveys meant to be using a similar questionnaire
• Western Balkans victimisation results (in corruption survey)
may not be comparable
 Because of smaller number of prompts
 Violent victimisation especially problematic
• Eurostat 2013 survey will have different prompts for violence
Session 8

Round-up
Summary of sessions 2-7 with discussion about each session
Issues that were felt were not adequately discussed or agreed
Agree and define goals for the short-term and long-term
Define deadlines for some short-term goals

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