croatian punitive system
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CROATIAN PUNITIVE SYSTEM. EDUCATIONAL REHABILITATION FACULTY, 2009 JURE ŽULJ, univ.spec crim. Your lecturer is Mr. Jure Žulj graduate criminalist and University specialist crime – univ.spec.crim. Superintendent in in juvenile correctional facility in Turopolje - PowerPoint PPT PresentationTRANSCRIPT
EDUCATIONAL REHABILITATION FACULTY, 2009
JURE ŽULJ, univ.spec crim.
Your lecturer is Mr. Jure Žulj
graduate criminalist and University specialist crime – univ.spec.crim.• Superintendent in in juvenile correctional facility in Turopolje• In his career has been on all the places related to the security of the prison and jail, as well as leadership positions• Began as a department supervisor of security,• Was deputy chief of security in prison in Zagreb• Was head of security in prison in Zagreb – maximum security prison • Head of security in the prison system,• Assistant superintendent in the institution for minors,• superintendent for facilities for minors,• superintendent in maximum security prison in Glina,• Assistant to the security of the entire system,• He performed the tasks of Director Administration• Counselors Training• 26 years of experience, (5 years spent in the basic police)• Today he is superintendent in medium security prison in Turopolje
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GENARAL PURPOSE OF SANCTIONS
UNDER CRIMINAL LAW – THAT ALL CITIZENS RESPECT THE LEGAL SYSTEM AND THAT NO ONE COMMITS A CRIMINAL OFFENSE
THAT THE PERPETRATORS OF CRIMES IN THE FUTURE SO BEHAVE
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CRIMINAL / LEGAL SANCTIONS fine, prison (replaced: supletory, work for the
common good action alerts – legal warning, suspended sentence,
suspended sentence with the protective supervsionsecurity measures – mandatory psychological
treatment, treatment of addicts, prohibition to conduct vocations, prohibition of operating a motor vehicile, appropriation items, expulsion of foreigners
educational /correctional measures are regulated by law on the courts for young people (up to 21yo)
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ALTERNATIVE SENTENCES WORK FOR THE COMMON GOOD –
substitutes imprisonment up to 6 monthsCONDITIONAL SENTENCE WITH
PROTECTIVE SUPERVISION (parole)IMPLEMENTATION OF NATIONAL
PROBATION SERVICE TO 2010.
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SENTENCE 4 FUNCTIONS:1.Intimidation (specific, general )2.Disabling (closedown )3.Retribution (punishment according to desert )4.Rehabilitation (changing the perpetrators,
behavior modifying) PREVENTION1.General2.Special
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PURPOSE OF PRISON Human treatment and respect, for the dignity of
people at the prison sentence, training for life at large according to the law and social policy
During the time served in prison, prisoner’se fundamental rights are fully protected by the Constitution, international treaties and Law Execution of Sentences of Imprisonment (LESI /ZIKZ)
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WHO IS LOCATED IN THE PENAL INSTITUTIONS PRISONERSDETAINEESTO KEEP A PERSON/LOCK-UPS ( 24 -48
HOURS, JUDGE )MISDEMEANOR PENALTY YOUNG OFFENDERS (SPECIAL
CORRECTIONAL FACILLITY)
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SOME INTERNAL LEGAL SOURCES CONSTITUTION CRIMINAL LAW LAW ON CRIMINAL PROCEDURE LAW ON THE EXECUTION OF SENTENCES OF
IMPRISONMENT LAW ON THE YOUTH COURTS LAW ON OFFENSES LAW ON PROTECTION OF PERSON WITH MENTAL
DISORDERS FAMILY LAW LAW ENFORCEMENT BY LAWS
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SOME INTERNATIONAL REGULATIONS European Convention for the Protection of
Human Rights and Fundamental Freedoms, Standard minimum rules, European minimum rules for the treatment of
prisoners, European Convention of the Prevention of
Torture, Inhuman or degrading Treatment or Punishment,
Numerous recommendations ( about the work, detention, education, crowding etc.)
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PRISON SYSTEM
Organization
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ADMINISTRATION OF PRISON SYSTEM DIRECTOR
Central office
OFFICE ADMINISTRATIVE
JOBS
SECURITY SERVICE
PROGRAMMING AND MONITORING THE PERFORMANCE OF PRISON SERVICE
TRATMENT SERVICES
DEPARMENT- OF
LEGAL, ORGANIZATI-ONAL AND PERSONNEL AFFAIRS
DEPARMENT FOR
EMPLOYMENT PRISONERS
DEPARMENT
TREATMENT OF
PRISONERS AND
JUVENILES
DEPARMENT
EXECUTION OF
PROTECTIVE
SUPERVISION AND
WORK FOR COMMON
GOOD
DEPARMENT SECURITY
PRISON AND JAIL
DATA PROCESSI
NG DEPARME
NT SPECIAL
TREATMENT AND
TEHNICAL
PROTECTION
DEPARMENT OF
DIAGNOSTIC AND
PROGRAMING
DEPARMENT FOR
EVALUATION AND
IMPROVEMENT
EXECUTION
PENALTIES
EDUCATIONAL INSTITUTE(POŽEGA,
TUROPOLJE) JAILGLINA, LEPOGLAVA,
LIPOVICA-POPOVAČA,POŽEGA, TUROPOLJE,
VALTURA, ZATVORSKA BOLNICA
PRISONBJELOVAR, DUBROVNIK, GOSPIĆ,
KARLOVAC, OSIJEK, POŽEGA, PULA, RIJEKA, SISAK, SPLIT, ŠIBENIK,
VARAŽDIN,ZADAR, ZAGREB
CENTER FOR EDUCATION
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JAILMEASURES OF DETENTION (JUDGE), AFTER THE SENTENCE IS PRONOUNCED
IN CRIMINAL PROCEEDINGS (UP TO 6 MONTHS)
SENTENCE PRONOUNCED IN A MISDEMEANOR OR OTHER LEGAL PROCEEDINGS AND SENTENCE WHICH WAS REPLACED BY FINE
14 PRISONSMAXIMUM SECURITY (WITH MEDIUM AND
MINIMUM SECURITY DEPARTMENTS, 13
PRISONSENTENCE PRONOUNCED IN CRIMINAL
PROCEEDINGS OF MORE THAN 6 MONTHS7 PRISONS3 MAXIMUM SECURITY PRISONS ( IN
LEPOGLAVA, PRISON IN GLINA, PRISON HOSPITAL IN ZAGREB ),
3 MEDIUM SECURITY PRISONS (LIPOVICA-POPOVAČA, POŽEGA, AND TUROPOLJE),
1 MINIMUM SECURITY PRISON (VALTURA )
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CORRECTIONAL FACILITIESEDUCATIONAL/CORRECTIONAL
MEASURES 2 INSTITUTIONS - TUROPOLJE - POŽEGA
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COMPARISON BY SECURITY LEVELS
MEDIUM AND MINIMUM SECURITY PRISONSno strong physical barriers (concrete wall )no video surveillanceno official dogsless number of security officersgreater freedom of movement for prisonersgreater benefits for prisonersspecific measures of order, security; increased
surveillance, separation and bonding can be applied
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MAXIMUM SECURITY PRISONS strong physical barrier (concrete wall )barbed wire on top of the wallconstant external security in form of security
officers carrying weapons (guns, rifles )video surveillanceofficial dogsgreater number of security officersless freedom of movement for prisoners
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ENFORCEMENT OF PRISON SENTENCE
PROCEDURE
RECEPTION OF PRISONERSJUDGE SENDS THE CONVICT TO PRISON
FOR LONGER THAN 6 MONTHSPUNISHMENT UP TO 6 MONTHS, SOME ELEMENTS OF THE RECEPTION;IDENTIFICATION CONFISCATION AND STORAGE OF THINGS,
MONEY…MEDICAL EXAMINATION,INTRODUCING THE RIGHTS TO THE
PRISONER,
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DEPARMENT OF DIAGNOSTICSAND PROGRAMMING Formed as a Center for Diagnostics in 1987.Purpose:
o classification of prisonerso Detection and diagnosis of high-risk factors
(static and dynamic)o Recommending procedures to meet the
demands and riskso Proposal of individual program during the
imprisonment
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ACCOMMODATION AND FOOD OVERCROWDING EFFECTS CAN BE SEEN
MOST IN THE COMFORT OF PRISONERSLEGAL STANDARD 4 sq.meters and 10 cubic
metersCONDITIONS THAT HAVE TO FE
FULLFILLED; spatial hygienic health clothing and footwear food
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PRISON POPULATION Distribution of prisoners regarding recidivism
Year total returnees %
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CRIMES AGAINST31. 12. 2006. 31.12.2007
NUMBER OF PRISONERS
% NUMBER OF PRISONERS
%
LIFE AND BODY 517 21,3 546 19,7PROPERTY 852 35,1 905 32,7VALUES PROTECTED BY INTERNATIONAL LAW
494 20,3 569 20,6
SEXUAL FREEDOM, MORALITY 198 8,2 234 8,5GENERAL SAFETY OF PEOPLE AND PROPERTY, TRAFFIC SAFETY
99 4,1 140 5,1
MARRIAGE, FAMILY, AND YOUTH 95 3,9 79 2,9AUTHENTICITY OF DOCUMENTS 27 1,1 42 1,5SECURITY OF PAYMENT TRANSACTIONS AND OPERATIONS
38 1,6 61 2,2
FREEDOM AND RUGHTS OF MAN AND CITIZEN
36 1,5 39 1,4
PUBLIC ORDER 20 0,8 24 0,9OFFICIAL DUTIES 42 1,7 30 1,1REPUBLIC CROATIA 1 0 2 0ARMED FORCES RH 0 0 0 0HUMAN HEALTH 0 0 0 0ENVIROMENT 1 0 0 0JUSTICE 0 0 2 0HONOR AND REPUTATION 1 0 0 0LAW ENFORCEMENT 9 0,4 4 0,2TOTAL 2430 100 2767 100
STRUCTURE PRISONERS BY CRIME 2006. AND 2007.
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LENGTH OF SENTENCES
31. 12. 2006. 31.12.2007.NUMBER OF PRISONERS
% NUMBER OF PRISONERS
%
UP TO 1 MONTH 13 0,5 6 0,21 TO 3 MONTH 31 1,3 21 0,83 TO 6 MONTH 110 4,5 113 4,16 MONTH TO 1 YEAR 275 11,3 345 12,51 TO 2 YEAR 487 20,0 495 17,92 TO 3 YEAR 269 11,1 366 13,23 TO 5 YEAR 433 17,8 535 19,35 TO 10 YEAR 444 18,3 465 16,810 TO 15 YEAR 228 9,4 257 9,3ACCURATE 15 YEAR 52 2,1 67 2,415 TO 20 YEAR 13 0,5 15 0,5ACCURATE 20 YEAR 34 1,4 33 1,220 TO 30 YEAR 25 1,0 28 130 TO 40 YEAR 16 0,7 21 0,8TOTAL 2430 100,0 2767 100
STRUCTURE OF PRISONERS BY THE LENGTH OF SENTENCES ON THE DAY 31.12.2006. AND 2007
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ORDER AND SAFETY Maintaining order and security is the main
role of security officersThe role of treatment in maintaining security
is applied indirectly, through the creation of treatment and supporting possitive climate, professional work and implementation of regulations,
Special measures of maintaining order and security,
Types of pressure
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SPECIAL MEASURES MAINTAINING OREDER AND SECURITY
Special measures and security are;1. Stronger surveillance,2. Temporary confiscation of things that usually are
allowed,3. Separation from other prisoners,4. Accomodation in special cells with no dangerous goods,5. Accomodation to the department of stronger
surveillance,6. handcuffing and shackles when needed, 7. Solitary
All special measures except solitary (judge), are ordered by the superintendent or the person which is authorized by him. Superintendent may order the implementation of special measures for accommodation in department for stronger surveilance.
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THE PRISON CONDUCTS THE FOLLOWING UNDER AUTHORIZATION BY THE PRISON
PHYSICIAN:
Accomodation in special room with no dangerous stuff,
Accomodation to the department of stronger surveillance,
Handcuffing and shackles when needed, Solitary
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APPLIED SECURITY MEASURES IN 2008 IN PRISON SYSTEM
stronger surveillance – 1996confiscation of normally allowed stuff – 261separation from other prisoners – 306Accommodation – special room with no
dangerous stuff– 279Accommodation at the department for
stronger surveilance – 55Handcuffing and shackles – 147Solitary - 3
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DISCIPLINARY MEASURES lower level of disciplinary measures (eg.
When prisoner rejects direct orders, spends time in forbidden area, possesses forbbiden stuff…)
higher level of disciplinary transgressions (eg. In case of physical attack, substance abuse, destruction of peoples’ property, escape or attempted escape, refuses to drug testing or testing for infectious diseases…)
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TYPES OF PRESSURE APLLIED TO INMATES 1. procedures for arrest and the techniques
of defense 2. stick (batons) 3. water hose 4. chemicals (mace) 5. firearms
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PROCEDURES FOR ARREST AND DEFENCE TECHNIQUESSpecific manuevars are applied during arrest to
overcome passive resistance
Specific manuevars in case of attack
Along with the specific manuevars officers can use mace in order to control active or passive resistance
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APPLICATION OF BATONS To overcame active resistanceThey can use both batons and aerosolsOther types of batons (other than rubber)
have to be approved by the superintendent – when it comes to serious violations of order
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APPLICATION OF WATER JETS AND CHEMICAL
when it comes to serious violations of order involved more prisoners in the same place
when prisoner are closing themselves in a room (barricade) – chemical application allowed )
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APPLICATION OF FIRE ARMS during the attack, which threatens the life of
prisoners, civil servants and employees or others in prison
to avoid escape from prison or jail to avoid prisoners’ escape during transfer to
the prison
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EMPOYEES( ON THE
DAY 31.12.200
7.)
TOTAL NUMBER OF EMPLOYEES ON THE DAY 31.12.2005.(34.+35.+36.+37.+38.)
2546
NUMBER OF MANAGEMENT STAFF ( MANAGER, ASSISTANS MANAGER, MAYOR )
96
NUMBER OF JUDICIAL POLICE ( does not include those from row 34.)
1517
NUMBER OF TREATMENT STAFF (does not include those from row 34.)
269
NUMBER OF PROFESSIONAL TEACHERS (does not include those from row 34.)
315
NUMBER OF ADMINISTRATIVE STAFF (does not include those from row 34.)
349
NUMBER AND TYPE OF ENTITY WITH WHICH THE PRISON ON THE DAY 31.12.2004. HAS A CONTRACT ( eg. doctor, lecturer…
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DATA ABOUT EMPLOYEES FROM REPORTING 2007.
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JOB REQUIERMENTS FORSECURITY OFFICERS
Person who’s applying for the job must meet the following conditions;
To be free of the obligation of military serviceMaximum age is 30 and high school diploma
is requiredmust have certain physical characteristic and
mental healthMust be a citizen of CroatiaNot involved in criminal proceedings against
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PROFESSIONAL RANKS
SECONDARY EDUCATION
HIGHER QUALIFICATION
HIGH QUALIFICATION
JUNIOR JUDICIAL POLICE OFFICER
SUPERVISOR JUDICIAL POLICE
INDEPENDENT JUDICIAL POLICE OFFICER
JUDICIAL POLICE OFFICER
SENIOR SUPERVISIOR OF JUDICIAL POLICE
CHIEF SUPERVISIOR OF JUDICIAL POLICE
SENIOR JUDICIAL OFFICER
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OFFICIAL ID AND AUTHORIZATIONSGiven the authorized * Type A – director ofofficials, there are administration and othertypes of ID cards personnel in central
office“A”, “B”, “C”, “D” * Type “B” – jail and prison department security *Type “C”- treatment and training center
(personnel) department *Type “D” - person who is
part of Criminal Justice System
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COOPERATION WITH OTHER GOVERMENT BODIES AND ORGANIZATIONSDuring the individual program of enforcing
prison setence, prisons cooperate with:CourtsJudge DAUSKOK (special DA office; corruption, organized
crime)PoliceCenter for Social WelfareMedical facilitiesNGOs (non-goverment/non-profit organisations)
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CAPACITYcapacity of the prison system in 31.12.2007.
amounted to 3116 bedsovercrowding is particularly visible in the
maximum security prisons – reaches up to 150%
Prison population is growing in the whole world, now is already about 9,25 million imprisoned
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CROWDING
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CONSEQUENCES OF OVERCROWDINGLarge number of prisoners causes problems
in terms of classification and categorization,Big issue is to enable the prisoners to work,Deterioration of living conditions,Difficulties in the regulation of quality of life
and types of social interactions,Loss of privacy to a large extent Increased number of complaints from
prisoners resulting in private law suits…
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ATTEMPTS TO SOLVE THE PROBLEM OF OVERCROWDING
Building new prisonsUse of alternative sanctions (reduction of
short sentences and detention ) recommended by the European Council R (99 ) 22
Enabling rehabilitation through probationPrimary prevention and targeted action on
the high-risk groups
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