Penal Policy and Practice in relation to the Community Service in Hungary

Transcription

1 Professor Miklós Lévay (Head of the Department of Criminology; Member of the Constitutional Court of Hungary) Penal Policy and Practice in relation to the Community Service in Hungary International Conference of Experts on the Exchange of Current Criminological Knowledge and Criminal Policy Experience Regarding Selected Criminal Sanction Prague, November 23-24, 2012

2 Subtopics of the Contribution A short overview on the punishment system of the Hungarian Penal Code (HPC) Development of Criminal Policy regarding the Community Service in Hungary Regulation of Community Service in the HPC and the Act on Enforcement of Punishments Development of Sentencing Practice in Hungary Research Findings on the Application of Community Service in Hungary Community Service in the New Hungarian Penal Code

3 Text of the Community Service ( Labour in the Public Interest ) in the Hungarian Penal Code (Unofficial translation) I. 49. (1) A person sentenced to community service is obligated to perform the work defined for him in the sentence of the court. Personal freedom of the convicted person may not be otherwise restricted. (2) Only such work may be ordered as community service, which the convicted person, in the light of his health condition and education, is presumed to be capable of performing. (3) Unless otherwise provided for by law, the convicted person shall perform the community service at least on one day per week, on the weekly day of rest or on his free time, without remuneration. (4) The duration of the community service shall be determined in hours, the shortest duration is forty-two, and the longest duration is three hundred hours.

4 Text of the Community service in the Hungarian Penal Code (Unofficial translation) II. 50. (1) If the convicted person does not voluntarily satisfy his work obligation, imprisonment shall be substituted for community service or for its remaining part. This imprisonment shall be executed in a detention centre/house of detention. (2) The imprisonment substituting the community service or remaining part thereof shall be established in such a way that six hours of community service shall correspond to one day of imprisonment. The remaining community service after the substitution corresponds to one day of imprisonment. (3) The imprisonment substituting the community service may be less than two months.

5 Sentencing practice in Hungary, Adult convicts * Convicts, total Capital punishment ** Imprisonment total Of which: Suspended imprisonment Of which: Immediate imprisonment Community service Fine Other Number % Number Number % Number % Number % Number % Number % Number % , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , Note: * Sources: Statistical yearbooks of Hungary. Central Statistical Office, Budapest. ** The capital punishment was abolished in Hungary on

6 Sources of Research Findings on the Practice of the Community Service in Hungary Summary of the main features of Community Services execution between (Ministry of Justice and Law Enforcement) The study of the MJLE Justice Office (2008)

7 Main features of Community Services execution (MJLE, ) Community Service is not imposed by the Courts on the relevant scope of the offenders 8-10% of the cases are lapsed of time approx. 25% of the cases are modified/converted into imprisonment approx % of the cases are really completed territorial differences in execution unnecessary bureaucracy.

8 The study of the MJLE Justice Office (2008) The study covers 300 cases, which have been finished during the second half of 2005 Method: file analysis by probation officers The analysis has focused on the sentences, convicts and features of the execution of the Community Service

9 Main Conclusions of the Study 1. Imposing Community Service is practical and effective in case of a first offender, who committed non-property crime, but vandalism/breach of public peace-type of a crime with professional education (secondary education), having a registered job. 2. Re-regulation of the scope of the power of the penal executive judge and the Probation Officer Service in relation to the Execution of the Community Service would be necessary.

10 Community Service in the new Hungarian Penal Code Act C of 2012 on Penal Code: the new Penal Code comes into effect 1 July The rules of the Community Service in the new Penal Code (Art. 47, Art. 48 and Art. 49) actually the same as the rules in the Penal Code currently in force (Art. 49 and Art 50). The differences are: The shortest duration of CS is 48 hours, the longest one is 312 hours; If the convicted person after his/her community service sentence commits a criminal offence and he/she has been sentenced for the offence by immediate imprisonment and the community service has not been completed the imprisonment shall be substituting for community service or for its remaining part.

11 Thank you for your attention!