Alternative mechanisms of punishment and diversion in criminal proceedings - Experiences in Turkey Dr Mehmet Arslan Institute of Criminal Law and
|
|
- Frank Jonah Curtis
- 5 years ago
- Views:
Transcription
1 Alternative mechanisms of punishment and diversion in criminal proceedings - Experiences in Turkey Dr Mehmet Arslan Institute of Criminal Law and Criminology. University of Tehran 12th April 2017
2 Content of presentation I. Basic principles of crime and punishment 1. Classical concept 2. Prison sentence as main punishment 3. Alternatives to imprisonment a) Former Turkish Penal Code b) First reform by Penal Enforcement Code of 1965 c) Uninterrupted increase in prison population and administrative measures d) The new Turkish Penal Code of 2004 II. Basic principles of criminal prosecution 1. Classical concept 2. Limits of principle of legality 3. Diversion mechanism of the new Turkish Procedural Code a) Course of investigations b) Mediation by public prosecutor office
3 I. Basic principles of crime and punishment 1. Classical concept Criminal law: protection of some legal interests. Punishment: retribution based on the idea of principle of free will; prevention, only of a subsidiary importance limited by principle of a fair sentence; redemption, possible. Retribution: as a consequence of self-preservation-drive.
4 2. Prison sentence as main punishment Imprisonment: an achievement and enabling resocialization/rehabilitation by education. Doubts about an educative function of prisons; rather crime schools and drawbacks of imprisonment. Attempts to differentiate: imprisonment in some cases not an appropriate sanction.
5 3. Alternatives to imprisonment a) Former Turkish Penal Code prison sentence as main kind of punishment. fine only for minor offences. suspension of a prison sentence up to 6 months. Judicial warnings: instead of a maximum sentence of 1 month. Results (1962): 91% prison sentence less than 6 months; 71% of inmates serving a prison sentence less than 6 months.
6 b) First reform by Penal Enforcement Code of 1965 extension of suspension to up to 1 year, Introduction of alternative sanctions; 1. Fine 2. Performance of work in a state, municipality and public or private enterprise 3. Restitution and compensation 4- Attendance at an educational or reformatory institution 5. Refraining from going to certain places or performing certain professions and activities 6. Withdrawal of driver s license or other license. New principles to fix the amount of fine. New execution modalities of prison sentence. No execution of prison sentence for negligently committed offences.
7 Reasons of ineffectiveness: lack of institutions, difficulties in interpretation, overlapping application of provisions, minimum statutory sentence.
8 c) Uninterrupted increase in prison population and administrative measures Incarceration rate ( ) Development of prison population in Turkey Detained Convicted
9 Prison rate in Turkey ( ) per 100,000 population in total:
10 c) The new Turkish Penal Code of 2004 International analyzes: six main causes located in material criminal law which lead to an increasing use of imprisonment and overcrowding a punitive criminal justice policy mandatory minimum sentences extensive use of imprisonment lack of rehabilitative measures/priority of deterrence long sentences/extensive use of life imprisonment long terms for early release International recommendation: decriminalization less use of prison sentence/a fair sentencing policy alternatives to prison sentence: at the pre-trial and at the trial stage.
11 Novelties by the new Turkish Penal Code: decriminalization by a new code for regulatory offences: disobeying of an official order, drunkenness or not-showing of the ID. prison sentence: regular (from 1 Month up to 20 years), life imprisonment (earliest release: after 24 years), aggravated life imprisonment (earliest release: after 30 years); in some cases till death in prison. alternatives to imprisonment: converting of a short term imprisonment into an alternative sanction; delaying the pronouncement of the judgement and suspension of imposed sanction. 2015: Convictions by criminal Courts in Turkey Prison Fine Suspension Security Disciplinary Other sentence measures prison sanctions 28,1% 26,4% 6,0% 19,8% 7,2% 12,4%
12 Total criminal courts decisions 2015 in Turkey Conviction 2% 2% 8% 17% 10% 21% 40% Acquittal Delay of pronouncement No reason for a penalty Mediation Dismissal Other decisions
13 Applications of new institutes in court practice need of specification by courts. judge's justice. unclarified questions about the objectives of punishment. method of fixing the punishment.
14 II. Basic principles of criminal prosecution 1. Classical concept Principle of legality: legal duty to investigate every suspicion of crime and to file charge against all suspects. Some minor offences prosecutable upon a complaint by victim: exception; mediation with victim, belongs to ancient times. No legally regulated discretion for prosecutor. In practice: investigations on basis of existing and available resources and with difference intensity (cases of divergent importance, urgency and complexity). Unregulated filtering out of some cases.
15 100% 90% 80% 70% 60% 50% 40% 30% 20% 10% 0% : investigated cases according to status of suspects Unknown suspects Identified suspects
16 100% 90% 80% 70% 60% 50% 40% 30% 20% 10% 0% : investigated cases according to status of suspects Unknown suspects Identified suspects
17 100% 90% 80% 70% 60% 50% 40% 30% 20% 10% 0% Conclusions by public prosecutors Discontinuation Charged Other Decisions
18 2015: Decisions by Prosecutors Office 11% Discounted 44% 45% Charged Others
19 3. Diversion mechanism of the new Turkish Procedural Code a) Course of investigations Police Investigation No confirmed suspicion Confirmed suspicion Prosecutorial review and decisions Discharge (Insufficient evidence, no crime or lack of legal conditions) Sufficient evidential and legal grounds to file public charge Mediation Other decisions Fine Order Conditional dismissal of prosecution Filing the public charge
20 Fine order in case of fine or prison sentence not exceeding six months, for instance benefiting from a public service without compensation (Art. 163), Pollution of environment by negligence (Art. 182) or Attempt to influence a just trial (Art. 288). Decision of discontinuation by prosecutor (Turkey) Year Fine Order Mediation Time-barred Other reasons Total
21 b) Mediation by public prosecutor office offences that are to be prosecuted only upon the complaint of the injured person and some other offences that are explicitly mentioned by law: Intentional and negligent bodily harm (Art. 86, 88, 89) except for aggravated cases (Art 86 par 3 and 87), Threat (Art. 106 par 1) except for aggravated cases (Art 106 par 2), Violation of Dwelling Immunity (Art 116), Violation of freedom of Work and Labor (Art 117), Deterioration of peace and order (Art. 123), Defamation (Art 125), Violation of Communicational Secrecy (Art 132), Tapping and recording of conversations between the individuals (Art 133), Violation of Privacy (Art 134), Theft (Art. 141, 144, 146), except for aggravated cases (Art 142) Damage to property (Art 151), Misuse of trust (Art 155), Use of blank bill (Art 156), Fraud (Art 157, 159), except for aggravated cases (Art 158) Possession on a lost or inadvertently found property (Art 160) Kidnapping and retention of a child (Art 234) Disclosure of business secrets, banking secrets or information relating to customers (Art 239)
22 in practice, the offences against property, integrity of body and personal liberty make up in average roughly 65% of workloads of prosecutorial offices in Turkey. Procedural Code before the amendment in 2016: the cases of regular-medium seriousness of theft, fraud and threat were not falling within the scope of mediation. Decision of discontinuation by prosecutor (Turkey) Year Fine Order Mediation Time-barred Other reasons Total
23 After the amendment in 2016: theft, fraud, damage to property (first group), bodily harm (second group) and threat, violation of dwelling immunity and defamation (third group) are eligible for mediation. Aggravated case of theft, fraud, threat and of bodily harm not covered; also all offences against sexual integrity. Extended application scope and new structure within the prosecutorial office. 2015: Decision of Discontinuation (Local) Provinces Fine Order Mediation Time-barred Other reasons Total Istanbul Ankara Izmir Antalya Bursa Konya Adana Mersin Kocaeli Gaziantep
24 Thank you for your attention Dr Mehmet Arslan Senior Researcher Max-Planck-Institut für ausländisches und internationales Strafrecht Günterstalstr Freiburg i.br. Tel.: +49 (761) Fax: +49 (761)
Sentencing decision Fixing the punishment by Judge An analyze of main determinants in Germany
Sentencing decision Fixing the punishment by Judge An analyze of main determinants in Germany Dr Mehmet Arslan Institute of Criminal Law and Criminology. University of Tehran & Faculty of Law and Political
More informationProcedural Guarantees for Criminal and Administrative Criminal Sanctions under European Human Rights Convention (Some Selected Issues)
Procedural Guarantees for Criminal and Administrative Criminal Sanctions under European Human Rights Convention (Some Selected Issues) XXth AIDP International Congress of Penal Law Criminal Justice and
More information*Please note that this translation is missing the following amendments to the Act: JUVENILE COURTS ACT. (Official Gazette no. 111/1997) PART ONE
Please note that the translation provided below is only provisional translation and therefore does NOT represent an official document of Republic of Croatia. It confers no rights and imposes no obligations
More informationSentencing and the Correctional System. Chapter 11
Sentencing and the Correctional System Chapter 11 1 Once a person has been found guilty of committing a crime, the judge imposes a sentence, or punishment. Generally, the goals of sentencing are to punish
More informationFamilies Against Mandatory Minimums 1612 K Street, N.W., Suite 700 Washington, D.C
Families Against Mandatory Minimums 1612 K Street, N.W., Suite 700 Washington, D.C. 20006 202-822-6700 www.famm.org Summary of The Gang Deterrence and Community Protection Act of 2005 Title I Criminal
More informationRECOMMENDATION No. R (99) 22 OF THE COMMITTEE OF MINISTERS TO MEMBER STATES CONCERNING PRISON OVERCROWDING AND PRISON POPULATION INFLATION
RECOMMENDATION No. R (99) 22 OF THE COMMITTEE OF MINISTERS TO MEMBER STATES CONCERNING PRISON OVERCROWDING AND PRISON POPULATION INFLATION (Adopted by the Committee of Ministers on 30 September 1999 at
More informationStatutes of the Republic of Korea ACT ON USE AND PROTECTION OF DNA IDENTIFICATION INFORMATION
Statutes of the Republic of Korea ACT ON USE AND PROTECTION OF DNA IDENTIFICATION INFORMATION Act No. 9944, Jan. 25, 2010 Amended by Act No. 10258, Apr. 15, 2010 Article 1 (Purpose) The purpose of this
More informationCRIMINAL CODE. ( Official Gazette of the Republic of Montenegro no. 70/2003, and Correction, no. 13/2004) GENERAL PART CHAPTER ONE GENERAL PROVISIONS
CRIMINAL CODE ( Official Gazette of the Republic of Montenegro no. 70/2003, and Correction, no. 13/2004) GENERAL PART CHAPTER ONE GENERAL PROVISIONS Basis and scope of criminal law compulsion Article 1
More informationQuick Reference Guides to Out of Court Disposals
Quick Reference Guides to Out of Court Disposals Effective from: 8 th April 2013 Contents QUICK REFERENCE GUIDES TO INDIVIDUAL DISPOSALS 4 Out-of-Court Disposals overview 4 What? 4 Why? 4 When? 5 National
More informationIntroduction to Sentencing and Corrections
Introduction to Sentencing and Corrections Traditional Objectives of Sentencing retribution, segregation, rehabilitation, and deterrence. Political Perspectives on Sentencing Left Left Wing Wing focus
More informationVictim Protection in Criminal Proceedings Legislation: A pan-european Comparison"
Victim Protection in Criminal Proceedings Legislation: A pan-european Comparison" Country Report: Sweden Author: Martin Sunnqvist 1 The questions in the Guidelines are answered briefly as follows below,
More information4. What is private law? 3. What are laws? 1. Review all terms in chapters: 1, 2, 4, 5,6, 7, 8, 9, 11, 12, 13, What is the purpose of Law?
1. Review all terms in chapters: 1, 2, 4, 5,6, 7, 8, 9, 11, 12, 13, 14 2. What is the purpose of Law? Laws reflect the values and beliefs of a society. A rule enforced by government 3. What are laws? 1)Set
More informationPrevention of Corruption through Corporate Compliance-Programs
Prevention of Corruption through Corporate Compliance-Programs 1 Dr. Marc Engelhart - Prevention of Corruption - Warsaw 13.07.2012 I. Compliance and Compliance-Programs 2 Dr. Marc Engelhart - Prevention
More informationDevelopment of national legislation to implement the Convention on the prohibition of anti-personnel mines
ADVISORY SERVICE ON INTERNATIONAL HUMANITARIAN LAW Development of national legislation to implement the Convention on the prohibition of anti-personnel mines - Information kit - Contents 1. Introduction...
More informationSUPERIOR COURT OF CALIFORNIA, COUNTY OF ORANGE VEHICLE CODE MISDEMEANOR GUILTY PLEA FORM. 1. My true full name is
For Court Use Only 1. My true full name is 2. I understand that I am pleading GUILTY / NOLO CONTENDERE and admitting the following offenses, prior convictions and special punishment allegations, with the
More informationEnd of First Nine Weeks
1 Comprehensive Law Curriculum Pacing Guide 2014-2015 based on Social Studies: Government Standards Contend Area Unit 1 Introduction to Law and the Legal System Focus Chapter 1 Chapter 2 Chapter 3 Definition
More informationJUVENILE PRISON IN PARALLEL LEGISLATION
Faculty of Business Economics and Entrepreneurship International Review (2016 No.1-2) 164 ORIGINAL RESEARCH PAPER JUVENILE PRISON IN PARALLEL LEGISLATION Mitar Lutovac 41, Ivan Joksic 42, Borislav Bojic
More informationREVISOR XX/BR
1.1 A bill for an act 1.2 relating to public safety; eliminating stays of adjudication and stays of imposition 1.3 in criminal sexual conduct cases; requiring sex offenders to serve lifetime 1.4 conditional
More informationOFFICIAL GAZETTE OF THE REPUBLIC OF KOSOVA / No. 33 / 2 SEPTEMBER 2013, PRISTINA
OFFICIAL GAZETTE OF THE REPUBLIC OF KOSOVA / No. 33 / 2 SEPTEMBER 2013, PRISTINA LAW NO. 04/L-213 ON INTERNATIONAL LEGAL COOPERATION IN CRIMINAL MATTERS Assembly of Republic of Kosovo, Based on Article
More informationEUI Working Group on International Criminal Law Meeting of on Issues of Sentencing in International Criminal Law
EUROPEAN UNIVERSITY INSTITUTE DEPARTMENT OF LAW EUI Working Group on International Criminal Law Meeting of 19.01.2005 on Issues of Sentencing in International Criminal Law Presentation by Silvia D Ascoli
More informationCRIMINAL LAW REFORM BY THE NEW CODES
CRIMINAL LAW REFORM BY THE NEW CODES Assistant lecturer, Gheorghe CIOBANU, Constantin Brâncuşi University of Târgu-Jiu ABSTRACT. The new codes, criminal and criminal procedure, entered in force on the
More informationArticle 1. 2) In Article 228, 6 shall be added in the following reading:
ACT of 9 September 2000 on the amendment to the Act Penal Code, the Act Code of Criminal Procedure, the Act on Combating Unfair Competition, the Act on Public Orders and the Act Banking Law Article 1 The
More informationList of issues prior to submission of the seventh periodic report of New Zealand *
Committee against Torture List of issues prior to submission of the seventh periodic report of New Zealand * ADVANCE UNEDITED VERSION Specific information on the implementation of articles 1 to 16 of the
More informationRules of Procedure and Evidence*
Rules of Procedure and Evidence* Adopted by the Assembly of States Parties First session New York, 3-10 September 2002 Official Records ICC-ASP/1/3 * Explanatory note: The Rules of Procedure and Evidence
More informationCanadian Criminal Law and Impaired Driving
Canadian Criminal Law and Impaired Driving H. Pruden Department of Justice (Canada) Ottawa, Ontario Abstract This article outlines the current criminal legislation directed against alcohol and drug driving
More informationInformation note for criminal justice practitioners on non-custodial measures for women offenders
Information note for criminal justice practitioners on non-custodial measures for women offenders Introduction This information note aims at raising awareness of criminal justice practitioners on international
More informationDecree umber 9. umber 14 for the year 2008 Internal Security Forces Penal Code. Chapter One Application of the Law
In the name of the people Presidential Council Decree umber 9 According to the Council of Representatives decision based on Article 61, First section of the Constitution and according to Article 138, Fifth
More informationThe Use of Imprisonment in New Zealand
The Use of Imprisonment in New Zealand Ministry of Justice Criminal Justice Policy Group June 1998 2 3 4 Table of Contents Page Executive Summary.7 1. Introduction 15 2. Legislative Framework for Use of
More informationYouth Criminal Justice Act Young offenders and the criminal justice system
Youth Criminal Justice Act Young offenders and the criminal justice system In this brochure, masculine personal pronouns are used in order to lighten the text. They are to be read as designating both males
More informationGeneral aim and research questions. Research methods
Summary Background Criminal law recognizes the aggravating element for suspects of crimes against civil servants who are formally and legally in pursuance of their profession (socalled aggravated offences).
More informationFraud, bribery and money laundering: corporate offenders Definitive Guideline DEFINITIVE GUIDELINE
Fraud, bribery and money laundering: corporate offenders Definitive Guideline DEFINITIVE GUIDELINE 2 Fraud, Bribery and Money Laundering: Corporate Offenders Definitive Guideline Applicability of guideline
More informationThe position you have applied for is exempt from the Rehabilitation of Offenders Act 1974 (as amended in England and Wales).
DECLARATION FORM A Guidance for applicants The position you have applied for is exempt from the Rehabilitation of Offenders Act 1974 (as amended in England and Wales). When South Central Ambulance Service
More informationJustice Committee. Criminal Justice (Scotland) Bill. Written submission from Victim Support Scotland
Justice Committee Criminal Justice (Scotland) Bill Written submission from Victim Support Scotland INTRODUCTION 1. Victim Support Scotland welcomes the introduction of the Criminal Justice (Scotland) Bill.
More informationCRIMINAL CODE OF THE REPUBLIC OF SLOVENIA (KZ-1) GENERAL PART. Chapter One FUNDAMENTAL PROVISIONS. Imposition of Criminal Liability Article 1
CRIMINAL CODE OF THE REPUBLIC OF SLOVENIA (KZ-1) GENERAL PART Chapter One FUNDAMENTAL PROVISIONS Imposition of Criminal Liability Article 1 (1) Criminal liability in the Republic of Slovenia may be imposed
More informationCriminal Procedure Code No. 301/2005 Coll.
Criminal Procedure Code No. 301/2005 Coll. P A R T F I V E L E G A L R E L A T I O N S W I T H A B R O A D CHAPTER ONE BASIC PROVISIONS Section 477 Definitions For the purposes of this Chapter: a) an international
More information2/21/2011 AMERICAN CORRECTIONS 9 TH EDITION. Three elements:
AMERICAN CORRECTIONS 9 TH EDITION Chapter Four The Punishment of Offenders Learning Objectives 1. Understand the goals of punishment. 2. Be familiar with the different forms of the criminal sanction. 3.
More informationEnvironmental Offences Definitive Guideline
Environmental Offences Definitive Guideline DEFINITIVE GUIDELINE Contents Applicability of guideline 2 Guideline for offenders that are organisations 3 Unauthorised or harmful deposit, treatment or disposal
More informationIMPRISONMENT IN MACEDONIA
IMPRISONMENT IN MACEDONIA Prof. Dr. Gordana Bužarovska Second Scientific BCNet Conference, Sarajevo, 17-19.09.2015 1 Content 1. General Country Background 2. Historical Development of Sentencing Policies
More informationANTI-TERROR LAW [TERRORLAW] Act No. 3713: LAW TO FIGHT TERRORISM [Published in the Official Gazette on 12 April 1991]
ANTI-TERROR LAW [TERRORLAW] Act No. 3713: LAW TO FIGHT TERRORISM [Published in the Official Gazette on 12 April 1991] PART ONE Definition of Terrorism and Terrorist Offences Definition of Terrorism: Article
More informationSentencing Options. Introduction to Sentencing and Corrections Traditional Objectives of Sentencing
Introduction to Sentencing and Corrections Traditional Objectives of Sentencing retribution, segregation, rehabilitation, and deterrence (general & specific) Political Perspectives on Sentencing Left Wing
More informationList of issues prior to submission of the seventh periodic report of New Zealand*
United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment Distr.: General 9 June 2017 CAT/C/NZL/QPR/7 Original: English English, French and Spanish only Committee
More informationThe Committee of Ministers, under the terms of Article 15.b of the Statute of the Council of Europe
Recommendation Rec(2006)13 of the Committee of Ministers to member states on the use of remand in custody, the conditions in which it takes place and the provision of safeguards against abuse (Adopted
More informationTexas Administrative Code
Texas Administrative Code TITLE 25 PART 1 CHAPTER 157 HEALTH SERVICES DEPARTMENT OF STATE HEALTH SERVICES EMERGENCY MEDICAL CARE SUBCHAPTER C EMERGENCY MEDICAL SERVICES TRAINING AND COURSE APPROVAL RULE
More informationLe Président The President
Mr Tayyip Erdoğan President of the Republic of Turkey Cumhurbaşkanlığı Külliyesi 06689 Çankaya, Ankara Turkey Brussels, 10 May 2016 Re: Concerns regarding the arrest of members of the Libertarian Lawyers'
More informationMinimum Age of Criminal Responsibility (MACR) Comparative Analysis International Profile - Germany
March 2016 Minimum Age of Criminal Responsibility (MACR) Comparative Analysis International Profile - Germany Yanna Papadodimitraki, CYCJ This international profile presents information and evidence on
More informationPolice Record Checks Reform Act, 2015 Background and Overview. Ministry of Community Safety and Correctional Services
Police Record Checks Reform Act, 2015 Background and Overview Ministry of Community Safety and Correctional Services Background What is a police record check? A police record check (PRC) is a search of
More informationLEGISLATIONS IMPLEMENTING THE ICTY STATUTE ITALY
LEGISLATIONS IMPLEMENTING THE ICTY STATUTE Member States Cooperation ITALY Provisions on Co-operation with the International Tribunal for the Prosecution of Serious Violations of International Humanitarian
More informationArticle Content. Criminal Code of the Republic of China ( Amended )
Criminal Code of the Republic of China ( 2013.06.11 Amended ) Title Part 1 General Provisions 1 Application of the Code Article 1 A conduct is punishable only when expressly so provided by the law at the
More informationSENTENCING: A New Regime
SENTENCING: A New Regime Version 2.0 Justice Paul Robertson Ontario Court of Justice Bill C 10 Safe Streets and Communities Act Collection of 9 Bills Died on the Order Paper of the 40 th Parliament History
More informationUplatnění mediace v systému trestní justice II. The Application of Mediation in the Criminal Justice Systém II ISBN
Rozum, Jan Kotulan, Petr Luptáková, Marina Scheinost, Miroslav Tomášek, Jan Špejra, Michal Uplatnění mediace v systému trestní justice II. The Application of Mediation in the Criminal Justice Systém II
More informationTitle 17-A: MAINE CRIMINAL CODE
Title 17-A: MAINE CRIMINAL CODE Chapter 51: SENTENCES OF IMPRISONMENT Table of Contents Part 3.... Section 1251. IMPRISONMENT FOR MURDER... 3 Section 1252. IMPRISONMENT FOR CRIMES OTHER THAN MURDER...
More informationARGUMENTS FOR PROSECUTORS OF ENVIRONMENTAL
************************ ADVOCACY MEMORANDUM ARGUMENTS FOR PROSECUTORS OF ENVIRONMENTAL CRIMES INTERPOL POLLUTION CRIMES WORKING GROUP Penalties Project 5 June 2007 ************************ 0 Table of
More informationSealing Criminal Records for Convictions, Acquittals, & Dismissals. Expungements in Ohio
Sealing Criminal Records for Convictions, Acquittals, & Dismissals Expungements in Ohio May, 2008 Why Should You Have Your Criminal Record Sealed? When you apply for jobs, apartments, and licenses, the
More informationBUSINESS LAW. Chapter 8 Criminal Law and Cyber Crimes
BUSINESS LAW Chapter 8 Criminal Law and Cyber Crimes Learning Objectives List and describe the essential elements of a crime. Describe criminal procedure, including arrest, indictment, arraignment, and
More informationPunishment and Sentence Enforcement For Serious Violations of International Humanitarian Law Committed in the Former Yugoslavia
BALKAN CRIMINOLOGY: Punishment and Sentence Enforcement For Serious Violations of International Humanitarian Law Committed in the Former Yugoslavia Filip Vojta, LL.M. 1st Annual Conference of the MPPG
More informationTranslation from Finnish Legally binding only in Finnish and Swedish Ministry of the Interior, Finland
Translation from Finnish Legally binding only in Finnish and Swedish Ministry of the Interior, Finland Act on the Processing of Personal Data by the Border Guard (579/2005; amendments up to 1072/2015 included)
More informationSAN FRANCISCO EMERGENCY MEDICAL SERVICES AGENCY CERTIFICATE/LICENSE DISCIPLINE PROCESS FOR PREHOSPITAL PERSONNEL
SAN FRANCISCO EMERGENCY MEDICAL SERVICES AGENCY I. PURPOSE CERTIFICATE/LICENSE DISCIPLINE PROCESS FOR PREHOSPITAL PERSONNEL Policy Reference No.: 2070 Review Date: January 1, 2013 Supersedes: September
More informationS G C. Reduction in Sentence. for a Guilty Plea. Definitive Guideline. Sentencing Guidelines Council
S G C Sentencing Guidelines Council Reduction in Sentence for a Guilty Plea Definitive Guideline Revised 2007 FOREWORD One of the first guidelines to be issued by the Sentencing Guidelines Council related
More informationCriminal Sanctions Agency STATISTICAL YEARBOOK
Criminal Sanctions Agency STATISTICAL YEARBOOK 2016 Criminal Sanctions Agency Central Administration Unit Lintulahdenkuja 4, FI-00530 Helsinki, Finland Tel. +358 2956 88500 kirjaamo.rise@om.fi www.rikosseuraamus.fi/en
More informationMISSISSIPPI LEGISLATURE REGULAR SESSION 2018
MISSISSIPPI LEGISLATURE REGULAR SESSION 2018 By: Representative DeLano To: Corrections HOUSE BILL NO. 232 1 AN ACT TO REQUIRE THAT AN INMATE BE GIVEN NOTIFICATION OF 2 CERTAIN TERMS UPON HIS OR HER RELEASE
More informationSeveral years ago, Canada s Parliament identified two concerns with our justice system as it applies to sentencing:
The Conditional Sentence Option Chief Justice Michael MacDonald Chief Justice of Nova Scotia May 2003, Updated August 2013 As a result of an amendment made to the Criminal Code in 1996, judges are now
More informationMISSISSIPPI LEGISLATURE REGULAR SESSION 2017
MISSISSIPPI LEGISLATURE REGULAR SESSION 2017 By: Representative DeLano To: Corrections HOUSE BILL NO. 35 1 AN ACT TO REQUIRE THAT AN INMATE BE GIVEN NOTIFICATION OF 2 CERTAIN TERMS UPON HIS OR HER RELEASE
More informationContents. Introduction xvi. Unit 1: Our Legal Heritage 9. How to Use This Book xvi. How to Get the Most from This Course 2
Contents Table of Cases ix Table of Statutes xiii Acknowledgements xv Introduction xvi How to Use This Book xvi How to Get the Most from This Course 2 Researching Legal Concepts 2 Making Notes 2 Studying
More informationDeterminate Sentencing: Time Served December 30, 2015
Determinate Sentencing: Time Served December 30, 2015 There are 17 states and the District of Columbia that operate a primarily determinate sentencing system. Determinate sentencing is characterized by
More informationFinancial Services and Markets Act 2000
Financial Services and Markets Act 2000 2000 Chapter c.8 ARRANGEMENT OF SECTIONS PART I THE REGULATOR Section 1.The Financial Services Authority. The Authority's general duties 2. The Authority's general
More informationAssembly Bill No. 510 Select Committee on Corrections, Parole, and Probation
Assembly Bill No. 510 Select Committee on Corrections, Parole, and Probation CHAPTER... AN ACT relating to offenders; revising provisions relating to the residential confinement of certain offenders; authorizing
More informationMassachusetts Sentencing Commission Current Statutes Mass. Gen. Laws ch. 211E 1-4 (2018)
Massachusetts Sentencing Commission Current Statutes Mass. Gen. Laws ch. 211E 1-4 (2018) DISCLAIMER: This document is a Robina Institute transcription of statutory contents. It is not an authoritative
More informationCOMPETENCE AND COOPERATION OF THE PUBLIC PROSECUTION OFFICE WITH THE MINISTRY OF INTERIOR OF THE REPUBLIC OF MACEDONIA
COMPETENCE AND COOPERATION OF THE PUBLIC PROSECUTION OFFICE WITH THE MINISTRY OF INTERIOR OF THE REPUBLIC OF MACEDONIA Sonja Aleksova Faculty of Law at University "Goce Delchev"-Stip, Macedonia, sonja_2010@live.com
More informationSRA Assessment of Character and Suitability Rules
SRA Assessment of Character and Suitability Rules Introduction All individuals applying for admission or seeking restoration to the roll of solicitors or those applying to become or renewing their registration
More informationALTERNATIVES TO CUSTODY FOR YOUNG OFFENDERS
ALTERNATIVES TO CUSTODY FOR YOUNG OFFENDERS NATIONAL REPORT ON JUVENILE JUSTICE TRENDS Latvia Ilona Kronberga Latvia Ilona Kronberga with the contribution of Sanita Sīle, Centre for Public Policy PROVIDUS
More informationPoland. 1) Judgements and, where applicable, probation decisions entering into the scope of this Framework Decision (Article 2)
Poland 1) Judgements and, where applicable, s entering into the scope of Framework Decision (Article 2) a) Member States are asked to describe the judgments and, where applicable, s, as defined in Article
More informationEUROPEAN ARREST WARRANT AND SURRENDER PROCEDURES BETWEEN MEMBER STATES ACT (ZENPP) I. INTRODUCTORY PROVISIONS. Article 1
NATIONAL ASSEMBLY OF THE REPUBLIC OF SLOVENIA No.: 212-05/04-32/1 Ljubljana, 26 March 2004 AT ITS SESSION OF 26 MARCH 2004, THE NATIONAL ASSEMBLY OF THE REPUBLIC OF SLOVENIA ADOPTED THE EUROPEAN ARREST
More informationAUSTRALIAN CAPITAL TERRITORY. Mediation Act No. 61 of An Act relating to mediation and the registration of mediators
AUSTRALIAN CAPITAL TERRITORY Mediation Act 1997 No. 61 of 1997 An Act relating to mediation and the registration of mediators [Notified in ACT Gazette S300: 9 October 1997] The Legislative Assembly for
More informationSentencing Act Examinable excerpts of PART 1 PRELIMINARY. 1 Purposes
Examinable excerpts of Sentencing Act 1991 as at 10 April 2018 1 Purposes PART 1 PRELIMINARY The purposes of this Act are (a) to promote consistency of approach in the sentencing of offenders; (b) to have
More informationHOUSE BILL NO. HB0094. Sponsored by: Joint Judiciary Interim Committee A BILL. for. AN ACT relating to criminal justice; amending provisions
0 STATE OF WYOMING LSO-0 HOUSE BILL NO. HB00 Criminal justice reform. Sponsored by: Joint Judiciary Interim Committee A BILL for AN ACT relating to criminal justice; amending provisions relating to sentencing,
More informationOfficial Gazette of the Kingdom of the Netherlands
Official Gazette of the Kingdom of the Netherlands Year 2004 JE MAINTIENDRAI 195 Act of 29 April 2004 implementing the Framework Decision of the Council of the European Union on the European arrest warrant
More informationENFORCEMENT OF THE MORE FAVORABLE CRIMINAL LAW AFTER THE ENTERING INTO FORCE OF THE NEW CRIMINAL CODE
ENFORCEMENT OF THE MORE FAVORABLE CRIMINAL LAW AFTER THE ENTERING INTO FORCE OF THE NEW CRIMINAL CODE Assistant lecturer, Gheorghe CIOBANU, Constantin Brâncuşi University of Târgu-Jiu ABSTRACT The new
More informationColorado Legislative Council Staff
Colorado Legislative Council Staff Distributed to CCJJ, November 9, 2017 Room 029 State Capitol, Denver, CO 80203-1784 (303) 866-3521 FAX: 866-3855 TDD: 866-3472 leg.colorado.gov/lcs E-mail: lcs.ga@state.co.us
More informationNational Legal Framework- Albania
National Legal Framework- Albania A. Overview Structures at the National Level - National Anti-Trafficking Coordinator - National Coordinating Anti trafficking Office - National Committee for the Fight
More informationKRAM We NORODOM SIHAMONI KING OF CAMBODIA
Unofficial Translation KRAM We NORODOM SIHAMONI KING OF CAMBODIA NS/RKM/0607/014 - With reference to the Constitution of the Kingdom of Cambodia - With reference to the Royal Decree N o NS/RKM/0704/124
More informationChapter 11. Finland. Henrik Linderborg
Chapter 11 Finland Henrik Linderborg 1 HISTORICAL DEVELOPMENT OF THE PROBATION SERVICE SYSTEM 1.1 The start of probation in Finland The roots of the Probation Service in Finland are in the work of the
More informationRepublic of Macedonia. Criminal Code. (consolidated version with the amendments from March 2004, June 2006, January 2008 and September 2009)
Republic of Macedonia Criminal Code (consolidated version with the amendments from March 2004, June 2006, January 2008 and September 2009) Came into effect: 1 November 1996 CRIMINAL CODE GENERAL PART 1.
More informationTHE ARRESTED LAWYERS INITIATIVE
THE ARRESTED LAWYERS INITIATIVE www.arrestedlawyers.org RELENTLESS CRACKDOWN AGAINST LAWYERS IN TURKEY There has been a relentless campaign of arrests which has targeted fellow lawyers across the country.
More informationAIA Australia Limited
AIA Australia Limited Privacy policies & procedures May 2010 The Power of We AIA.COM.AU AIA Australia Limited Privacy policies & procedures Contents Purpose 3 Policy 3 National Privacy Principles Policy
More informationThe Criminal Code. Order No. 909 of September 27, 2005, as amended by Act Nos and 1400 of December 21, 2005
The Criminal Code Order No. 909 of September 27, 2005, as amended by Act Nos. 1389 and 1400 of December 21, 2005 GENERAL PART Chapter 1 Introductory Provisions 1 Only acts punishable under a statute or
More informationConference of the States Parties to the United Nations Convention against Corruption
United Nations CAC/COSP/IRG/I/4/1/Add.37 Conference of the States Parties to the United Nations Convention against Corruption Distr.: General 6 April 2016 Original: English Implementation Review Group
More informationKim K. Ogg, Managing Partner, The Ogg Law Firm PLLC presents: Houston Bar Association Family Law Section
Kim K. Ogg, Managing Partner, The Ogg Law Firm PLLC presents: Houston Bar Association Family Law Section 1. Crimes statutory violations found in many of the Texas Codes a. Felonies - State Jail; First,
More informationChapter 6 Sentencing and Corrections
Chapter 6 Sentencing and Corrections Chapter Objectives Describe the different philosophies of punishment (goals of sentencing). Understand the sentencing process from plea bargaining to conviction. Describe
More informationCriminal Justice: A Brief Introduction Twelfth Edition
Criminal Justice: A Brief Introduction Twelfth Edition Chapter 3 Criminal Law The Nature and Purpose of Law (1 of 2) Law A rule of conduct, generally found enacted in the form of a statute, that proscribes
More informationExamen Periódico Universal Colombia
Examen Periódico Universal Colombia Third Cycle Geneva, 10 May 2018, 9am 12.30pm Assessment of some previous recommendations on the administration of juvenile justice By International Catholic Child Bureau
More informationCoercive Measures Act. (806/2011; entry into force on 1 January 2014) (amendments up to 1146/2013 included)
Unofficial translation Ministry of Justice, Finland Coercive Measures Act (806/2011; entry into force on 1 January 2014) (amendments up to 1146/2013 included) Chapter 1 General provisions Section 1 Scope
More informationSentencing Factors that Limit Judicial Discretion and Influence Plea Bargaining
Sentencing Factors that Limit Judicial Discretion and Influence Plea Bargaining Catherine P. Adkisson Assistant Solicitor General Colorado Attorney General s Office Although all classes of felonies have
More informationDETERMINATE SENTENCING
DETERMINATE SENTENCING 29 TH Annual Juvenile Law Conference San Antonio, Texas February 22, 2016 Ryan J. Mitchell, Attorney at Law P.O. Box 1570 Houston, Texas 77251-1570 Phone: 832.534.2542 Fax: 832.369.2919
More informationPENAL CODE GENERAL PART. Chapter One FUNDAMENTAL PROVISIONS. No Criminal Offence and Sentence without the Statute. Article 1
Disclaimer: The English language translation of the text of the Penal Code (of the Republic of Slovenia) below is provided for information only and confers no rights nor imposes any obligations on anyone.
More information21. Creating criminal offences
21. Creating criminal offences Criminal offences are the most serious form of sanction that can be imposed under law. They are one of a variety of alternative mechanisms for achieving compliance with legislation
More informationJUDICIARY IN FIGHT AGAINST CORRUPTION
JUDICIARY IN FIGHT AGAINST CORRUPTION Small-scale comparative research on anticorruption practices and role and status of judges in fight against corruption The reform of judiciary in Serbia is conducted
More informationQATAR: BRIEFING TO THE UNITED NATIONS COMMITTEE AGAINST TORTURE 49 TH SESSION, NOVEMBER 2012
Index: MDE 22/001/2012 12 October 2012 QATAR: BRIEFING TO THE UNITED NATIONS COMMITTEE AGAINST TORTURE 49 TH SESSION, NOVEMBER 2012 I. Introduction Amnesty International welcomes the submission of Qatar
More informationWhite Paper on Crime 2017
Clearance rate Number of reported cases (ten thousand cases) White Paper on Crime 217 Number of reported cases and clearance rate: Penal Code offenses (1946-216) (%) 1 9 8 7 6 5 4 3 2 1 1946 Clearance
More informationKidnapping. Joseph & His Brothers - Charges
Joseph & His Brothers - Charges 2905.01 Kidnapping No person, by force, threat, or deception, or, in the case of a victim under the age of thirteen or mentally incompetent, by any means, shall remove another
More information1.4. There have been no environmental crime cases where the courts would have had to rely on the right to be tried within a reasonable time.
ESTONIA 1. The right to be tried within a reasonable time 1.1. In case of criminal offences relating to violation of the requirements for the protection and use of the environment and the natural resources
More information