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07-11-26 brigadier dr. János Lukács 1 The civil control and reform of law enforcement organizations Made by the Safetypolitical Center of Szeged for the Seminar called „Self governmentalism, EU Regionalism and Institutional Reforms”

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Page 1: The civil control and reform of law enforcement organizations2 become slightly worse 3 unchanged 4 become slightly better 5 become significantly better satisfaction feeling of safety

07-11-26

brigadier dr. János Lukács 1

The civil control and reform of law enforcement

organizations

Made by the Safetypolitical Center of Szeged for the Seminar called

„Self governmentalism, EU Regionalism and Institutional Reforms”

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07-11-26 brigadier dr. János Lukács 2

Introduction

The democratization of Society The new constitutional base of criminal investigation The appearance of civil control

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07-11-26 brigadier dr. János Lukács 3

1. The democratization of societyThe effect of social, economical, political problems on the structure and quality

of crime and criminal rate

Crisis

decisions of principle

system

inflation

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07-11-26 brigadier dr. János Lukács 4

0100002000030000400005000060000700008000090000

100000

1989 1990 1991

Unemployment

Self – destructive life style.

Alcohol consumption.

Estrangement.

Corruption.

The society could not tolerate anymore

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07-11-26 brigadier dr. János Lukács 5

The effect of social, economical, political problems on the structure and quality of crime and criminal rate

impoverishment committing crimes for living

easy permeability of borders

liberalism

international crimesdrug-related crimesviolent, armed perpetrations

active legislationamnestydisappereance of some

previous legal acts

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07-11-26 brigadier dr. János Lukács 6

Technical development

On the sideof criminalsmobility with

modern carskeeping contact

via mobile phones

New types of crimeshigh-tech frauds

misuses viamobile phones

counterfeiting

bankcard-relatedcrimes

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07-11-26 brigadier dr. János Lukács 7

Based on these facts the number of reported crimes increased drastically nationwide and

425941436522

418883413343420782

465694450673

505716600621

514403466050

502036389451

400935447222

440370341061

225393185344

0 100000 200000 300000 400000 500000 600000 700000

2006200520042003200220012000199919981997199619951994199319921991199019891988

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07-11-26 brigadier dr. János Lukács 8

and also in Csongrád County

154471588216710

1965614827

1773317685

1925018865

2181220843

606721375513356

1637814832

93697308

5930

0 10000 20000 30000 40000 50000 60000 70000

2006200520042003200220012000199919981997199619951994199319921991199019891988

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07-11-26 brigadier dr. János Lukács 9

2. The new constitutional base of criminal investigation

Attendance of constitutionalism in the legislation of governmental organizations

Act LXV of 1990 on the local governments Act CX of 1993 on National Defence

(Act CV of 1994 on National Defence and Hungarian Army) Act XXXIV of 1994 on Police Act XXXI of 1996 on fire -protection, rescue and

Fire-service Act XXXVII 1996 on civil defence Act XXXII 1997 on protection of borders and Frontier

Guard

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07-11-26 brigadier dr. János Lukács 10

Constitutional guarantee of police work in Act XXXIV of 1994 on Police

Defines:

structurerelationship with

local governmentsmeasures

legal status

control and guidance

principles and rules of functioning

means of coercion

collecting intelligence

data management

legal redress

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07-11-26 brigadier dr. János Lukács 11

It creates new possibilities in criminal investigation at the level of legislation:

Promise of reward

Crime prevention control

Goal: preventing crimes

For capturing criminals

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07-11-26 brigadier dr. János Lukács 12

searching for wanted persons and objects

poligraf – „lie-detector”

collecting of intelligence

The permission of a judge is

necessary

The permission of a judge is not necessary

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07-11-26 brigadier dr. János Lukács 13

Collection of intelligence when thepermission of a judge is not necessary

informator trustee secretly cooperatingperson

sounding out undercover agent

cover certification observation

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07-11-26 brigadier dr. János Lukács 14

Collection of intelligence when the permission of a judge is not necessary

trap trustee infiltrating incriminal organizations

sample purchase substitution of victims

false purchase confidentialpurchase

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07-11-26 brigadier dr. János Lukács 15

Collection of intelligence when the permission of a judge is necessary

secret searchof

private homes

observation in private homes

record and revealcontents of letters

and communicationvia phone

record andreveal

contents of e-mails

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07-11-26 brigadier dr. János Lukács 16

3. Appearance of civil control

Legislation providing civil control over police work: Act XXXIV of 1994 on Police; Act LXIII of 1992 on the protection of personal data,

and publicity of data of public utility; Act LIX of 1993 on the ombudsman of citizen rights; Act I of 1977 on announcements, proposals and

complaints of public utility; Act II of 1986 on press release; Hungarian Helsinki Committee.

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07-11-26 brigadier dr. János Lukács 17

Civil control provided in Act XXXIV of 1994 on Police Act

right of deliverance for local governments

to establish central police stations and local police stations

to appoint the head of police department and the chief constable

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07-11-26 brigadier dr. János Lukács 18

head of police department, chief constable

report inform

the local government can offer a remark

due to measures taken

due to omission

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07-11-26 brigadier dr. János Lukács 19

1. Civil control provided in Act LXIII of 1992 on protecting the personal data

The public utility

publicity

disclosure

accessibility and

familiarization of

Functional data

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07-11-26 brigadier dr. János Lukács 20

1. Civil control provided in Act LIX of 1993 on the ombudsman of citizen rights

Entitlements:

control of any authority

revealing any data

introspection of any records

requiring informations

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07-11-26 brigadier dr. János Lukács 21

1. Civil control provided in Act I of 1977 on announcements, proposals and complaints of public utility

Act XXIX of 2004 141 – 143 §

complaint

answer §

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07-11-26 brigadier dr. János Lukács 22

Civil control provided in Act II of 1986 on press release

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07-11-26 brigadier dr. János Lukács 23

1. Civil control provided by the Hungarian Helsinki Committee

monitoringaccomodation

assertion of rights

treatment

and medical service

of PRISONERS

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07-11-26 brigadier dr. János Lukács 24

Public survey as a feedback of civil control

Dr. Tauber - 1992

CSMRFK - 1993

Gallup - 2002

Gallup - 2005

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07-11-26 brigadier dr. János Lukács 25

1. Assay of dr. István Tauber (1992)

Their establishment is necessary

Criminal situation:

worse

Method of effectiveness:

Stricter measures taken by police

The self-defence organizations of citizens:

significantly

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07-11-26 brigadier dr. János Lukács 26

1. Monitoring Csongrád County Headquarters (1993)

Main questions concerning the County:b) How the quality of the police-work changed

(professionality, cultivation)?d) Would they help to the police officer in action in case of need?

Answers:56 % of interviewee think the quality of police work progressed

positively81,3 % of interviewee would help the indigent police officer in action.

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07-11-26 brigadier dr. János Lukács 27

1. The Gallup survey (2002)

25

26

11

29

9

does not know/has no opinion

very dissatisfied

sligthly dissatisfied

satisfied yet not satisfied

slightly satisfied

very satisfied 2

41

17 32

5 4

does not know/have no opinion1 become significantly worse2 become slightly worse3 unchanged4 become slightly better5 become significantly better

satisfaction feeling of safety

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07-11-26 brigadier dr. János Lukács 28

The result of a survey made in 2003: 48 % of people tought that the police work has improved.

38 34 29 29 31 32

42 54 51 42 53 46 56 51 45 41

12 11 16 20 16 20 16 19 24 27

35 34 3146

3,45 3,30 3,27 3,21 3,19 3,16 3,16 3,10 3,083,12

0

20

40

60

80

100

Politeness Discretion Friendlyattitude, workingin good-mood

Helpfulness Professionalism Preparedness Competence You weretreated asworthy,

importantcitizen

Time of waiting Fastness ofadministration

1

2

3

4

5

Top2 box (better, or significantly better than expected) It was as expected

Bottom2 box (worse, or significantly worse than expected) Average between 1-5

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07-11-26 brigadier dr. János Lukács 29

The result of a survey made in 2005: the 58 % of people were satisfied as their cases were arranged by police

officers

62

59

58

5950

58

57

55

54

52

45

50

55

60

65Politeness of police officers and employees of Police

The police officers and employees are working incheerful, friendly milieu

Helpfulness of police officers

The possibilities to arrange cases discretely, avoiding unauthorized persons

The way as the police officers treated you as a worthyand important citizen

The professionalism of police officers dealing with yourcase

The way of preparedness as the police officers give youthe necessary infromations

The competence of police officers dealing with yourcase

The time you had to wait until your case started

Fastness of administration in the police work

2002 november2003 november2005 november

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07-11-26 brigadier dr. János Lukács 30

very satisfied8%

dissatisfied2%

satisfied25%acceptable

26%

moderately satisfied

39%

TQM – Total Quality Management program

The satisfaction of the population in Csongrád County

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07-11-26 brigadier dr. János Lukács 31

IIASA-SHIBA Díj

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07-11-26 brigadier dr. János Lukács 32

Thank you for your

kind attention!