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Development of Monitoring Instruments for Judicial and Law Enforcement Institutions in the Western Balkans Phase 3 – Pro

This text discusses the training sessions held in Tirana on January 31 - February 1, 2011, focusing on participants, criminal justice system overview, counting rules, pilot data collection exercise, publication of results, case management system, and suggested short and long-term goals for improvement.

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Development of Monitoring Instruments for Judicial and Law Enforcement Institutions in the Western Balkans Phase 3 – Pro

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  1. Paul Smit DEVELOPMENT OF MONITORING INSTRUMENTS FOR JUDICIAL AND LAW ENFORCEMENT INSTITUTIONS IN THE WESTERN BALKANS PHASE 3 – PROSECUTION AND COURTS TRAINING Round-up of Training Sessions Tirana, 31 January - 1 February 2011

  2. SESSION 1 - Participants • Representatives of: • Ministry of Justice - GD of Codification • Ministry of Justice - European Integration and Foreign Projects Directorate • Ministry of Justice - Judicial Organization and Training Sector • Ministry of Justice - Bibliography and Statistical Sector • Ministry of Justice - Judicial Archives Sector • General Prosecution Office • INSTAT

  3. SESSION 2: Overview of the Criminal Justice System and Statistics • INSTAT should be better involved in the production of Prosecution and Courts statistics.

  4. SESSION 3: COUNTING RULES • There are not written documents defining how to proceed when recording crime in prosecution and courts statistics.

  5. ALBANIA DESIRED SITUATION ON COUNTING RULES • Written counting rules for standardised crime recording should cover at least the topics below: • Counting Unit • Principal Offence Rule • Principal Sanction Rule • Counting of multiple offences (serial offending) • Counting of multiple offenders • Definition of recidivism • We suggest what is currently most often done may be the best starting point for formalising written rules.

  6. PILOT DATA COLLECTION EXERCISE (PROSECUTION AND COURTS) • In Albania data on age for offenders are classified in: • 14 to 18 (minors); >18 (adults). More detailed information can be obtained manually in the case files. • In Albania data on citizenship are classified in: • Albanian; foreigners (no specification of other citizenships are available in prosecution and courts statistics). • In Albania it is not possible to collect data on ethnicity (we agreed it would be extremely useful for research to start including this data in prosecution and courts statistics). • In Albania data on recidivism are available only for: • Total recidivists; recidivists of the same offence; recidivists of a different offence. There is no clear definition of who is a recidivist. • In Albania data on sanctions imposed to convicted persons are classified in: • Fine; 0-2 years; 2-5 years; 5-10 years; 10-15 years; > 20 years.

  7. SECTION 6: PUBLICATION OF RESULTS, ANALYSIS AND INTERPRETATION • The Ministry of Justice publishes a report on courts statistics yearly and only in Albanian. • The Central Prosecution Office publishes its statistics on the website, yearly as aggregated data, only in Albanian.

  8. SECTION 7: CASE MANAGEMENTE SYSTEM • In Albania, Courts districts have just developed a CMS (started in Sept. 2010, in January 2011 all court districts already had this new CMS) (it appeared that INSTAT was not properly involved in the development of this CMS even if the representative could not surely affirm this). • Prosecution offices do not have a CMS.

  9. SUGGESTED SHORT TERM GOALS 1 Set up a Coordinating Working Group on Crime and Criminal Justice Statistics – To define its members (police, prosecutor, courts, Statistics Office of Albania, Ministry of Justice, representatives of Academia) – To have a meeting before the next training – To start work on drafting the recording and counting rules. Deadline? Beginning of March 2011 2. Collect information on existing procedures to count and record crimes for inclusion in prosecution and courts statistics. Deadline? Beginning of March 2011 3. Think about topics to be covered by a written Manual on counting rules, clearly state what kind of rules should be applied when recording crime in prosecution and courts statistics. Coordinate with police offices. Deadline? in time for the follow-up mission (mid March 2011).

  10. SUGGESTED SHORT TERM GOALS 2 4. Compile the Pilot Data collection Exercise for Prosecution and courts Statistics making clear a) how far local offence definitions and definitions of persons prosecuted and of persons convicted comply with the standard definition provided by UN and b) which data on persons prosecuted and convicted could be routinely supplied for which offences. Deadline? in time for the follow-up mission (mid March 2011). 5. Discuss with other agencies(Prosecution and INSTAT) and define what kind of data would need to be extracted from the courts CMS and for what area (Operational level, LMI, CMI, NAT). Deadline? in time for the follow-up mission (mid March 2011).

  11. SUGGESTED LONG TERM GOALS Finalize the written counting rules and implement them across different prosecution offices and courts districts. 2. Expand the CMS used by Courts districts to Prosecution offices and involve INSTAT in this system. 3. Examine the possibilities of establishing a central register that could lead to the introduction and use of IFN (first in police stations and prosecution offices? Or prosecution and courts?). 4. Involve INSTAT in publishing report on Prosecution and Courts statistics.

  12. Paul Smit DEVELOPMENT OF MONITORING INSTRUMENTS FOR JUDICIAL AND LAW ENFORCEMENT INSTITUTIONS IN THE WESTERN BALKANS PHASE 3 – PROSECUTION AND COURTS TRAINING Round-up of Training Sessions Tirana, 31 January - 1 February 2011

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