Series:CSD Papers on Law, Criminology, Prosecution

Countering Extortion Racketeering: The Italian Experience

Countering Extortion Racketeering: The Italian Experience

Author(s): Elena Sciandra,Antonio Iafano / Language(s): English

Extortion racketeering is a crime which spans all sections of society, poses threats to the well-being of local communities and impairs the growth and development of business. No country is immune to it, although it varies across time, space and economic context. Extortion can be perpetrated by single offenders, or it can be part of more complex criminal schemes. In this sense, the case of Italy is typical because Italian mafias systematically resort to extortion racketeering.

Background report: Drug Users in Prison – the Norwegian Experience

Background report: Drug Users in Prison – the Norwegian Experience

Author(s): Hedda Giertsen / Language(s): English

Keywords: CSD; Center for the Study of Democracy; Background report; Drug Users; Prison; Norwegian Experience

This report is the preliminary research work under the Punishment vs. Treatment: the Situation of Drug Users in Prison initiative which main output is a forthcoming comparative analysis of the treatment of drug users in Bulgarian and Norwegian prisons. The study was prepared by the University of Oslo and it overviews the general context on Norway – general information on the country and its criminal justice system, policy and legislation on drugs explaining what are the perimeters of drug restriction and what are the national policies towards drug use. This information is illustrated with statistics on crime rates and drug crime in particular. It also presents the alternative sanctions available for drug users. Furthermore, the reports looks at prison population using drugs and sentenced to drug-related crimes – what are the principles by which prison authorities are guided in their attitude towards this group of inmates and what programs are available for them in Norwegian prisons.

Background report: Policies on drugs in Bulgarian prisons

Background report: Policies on drugs in Bulgarian prisons

Author(s): Dimitar Markov,Maria Doichinova,Lyubomira Derelieva / Language(s): English

Keywords: CSD; Center for the Study of Democracy; drugs; Bulgaria; prison

This report provides a snapshot of the situation of drug users in Bulgaria. As it is aimed to serve as a basis for comparative study on policies and practice towards drug users, particularly in prisons, in Bulgaria and Norway, it presents the country’s context – general information on the country and its criminal justice system, policy and legislation on drugs explaining what are the perimeters of drug restriction and what are the national policies towards drug use. This information is illustrated with statistics on crime rates and drug crime in particular. The report also investigates how court looks upon the fact that the accused are using or addicted to narcotic substances within the criminal proceedings and specifically on the type and the term of the sentence. Finally, it looks upon the sanctions available for drug users and their situation once sentenced to imprisonment – what treatment, rehabilitation and harm reduction programmes are available in different prisons.

Model Approach for Investigating the Financing of Organised Crime

Model Approach for Investigating the Financing of Organised Crime

Author(s): Author Not Specified / Language(s): English

Keywords: CSD; Center for the Study of Democracy; Working Paper; Model Approach; Organised Crime

The financing of organised crime is a horizontal issue for all criminal markets, although it rarely falls in the focus of law enforcement agencies. The intelligence gathering of law enforcement agencies has traditionally been focused on uncovering the members of crime groups and tracing the illicit goods or services. Financial transactions are traced mainly for the purposes of money laundering investigations, where the focus is on the proceeds and not on the investments related to the criminal activities. The reason for this is that currently criminal prosecution procedures in all Member States are entirely focused on collecting evidence in regards to possession, transporting, manufacturing or sale of illicit products or services. Financing of organised crime is also often passed over in threat assessments and strategic analyses of organised crime.

Directory of institutions and organizations, working with prisoners

Справочник на институциите и организациите, работещи с лишени от свобода

Author(s): Author Not Specified / Language(s): Bulgarian

This directory of institutions and organizations, working with selected vulnerable groups – prisoners, refugees and migrants, victims of domestic violence and human trafficking – was made within the framework of the initiative Civic Organizations: a Guarantee for Equal Rights of Vulnerable Groups before the State. State authorities and NGOs are presented in separate templates, outlining their contact information, as well as their main activities, related to vulnerable groups. The legal grounds for institutions’ work with those communities are described, as well as the key projects NGOs have worked on in the areas under research in the last few years.

Vulnerable Groups of Inmates. Country report - Belgium

Vulnerable Groups of Inmates. Country report - Belgium

Author(s): Nicola Giovannini,Malena Zingoni / Language(s): English

The country reports on vulnerable groups of inmates consider the situation of selected groups of prisoners qualified by UN as vulnerable due to their special position in the prisons of Belgium, Bulgaria, Germany, Lithuania and Spain. Each paper researches the availability of legal provisions in the respective country which possibly neutralise these groups’ vulnerabilities as well as practices which authorities and NGOs implement towards these groups. The reports are a part of the Re-socialization of offenders in the EU: enhancing the role of the civil society (RE-SOC) initiative, coordinated by the Center for the Study of Democracy.

Vulnerable Groups of Inmates. Country report - Bulgaria

Vulnerable Groups of Inmates. Country report - Bulgaria

Author(s): Dimitar Markov,Maria Yordanova,Miryana Ilcheva,Maria Doichinova / Language(s): English

The country reports on vulnerable groups of inmates consider the situation of selected groups of prisoners qualified by UN as vulnerable due to their special position in the prisons of Belgium, Bulgaria, Germany, Lithuania and Spain. Each paper researches the availability of legal provisions in the respective country which possibly neutralise these groups’ vulnerabilities as well as practices which authorities and NGOs implement towards these groups. The reports are a part of the Re-socialization of offenders in the EU: enhancing the role of the civil society (RE-SOC) initiative, coordinated by the Center for the Study of Democracy.

Vulnerable Groups of Inmates. Country report - Germany

Vulnerable Groups of Inmates. Country report - Germany

Author(s): Martin von Borstel,Sven-Uwe Burkhardt,Christine M. Graebsch / Language(s): English

The country reports on vulnerable groups of inmates consider the situation of selected groups of prisoners qualified by UN as vulnerable due to their special position in the prisons of Belgium, Bulgaria, Germany, Lithuania and Spain. Each paper researches the availability of legal provisions in the respective country which possibly neutralise these groups’ vulnerabilities as well as practices which authorities and NGOs implement towards these groups. The reports are a part of the Re-socialization of offenders in the EU: enhancing the role of the civil society (RE-SOC) initiative, coordinated by the Center for the Study of Democracy.

Vulnerable Groups of Inmates. Country report - Lithuania

Vulnerable Groups of Inmates. Country report - Lithuania

Author(s): Gytis Andrulionis,Renata Giedrytė-Mačiulienė,Simonas Nikartas / Language(s): English

The country reports on vulnerable groups of inmates consider the situation of selected groups of prisoners qualified by UN as vulnerable due to their special position in the prisons of Belgium, Bulgaria, Germany, Lithuania and Spain. Each paper researches the availability of legal provisions in the respective country which possibly neutralise these groups’ vulnerabilities as well as practices which authorities and NGOs implement towards these groups. The reports are a part of the Re-socialization of offenders in the EU: enhancing the role of the civil society (RE-SOC) initiative, coordinated by the Center for the Study of Democracy.

Vulnerable Groups of Inmates. Country report - Spain

Vulnerable Groups of Inmates. Country report - Spain

Author(s): Alejandro Forero Cuéllar,María Celeste Tortosa,Iñaki Rivera Beiras,Josep M. García-Borés / Language(s): English

The country reports on vulnerable groups of inmates consider the situation of selected groups of prisoners qualified by UN as vulnerable due to their special position in the prisons of Belgium, Bulgaria, Germany, Lithuania and Spain. Each paper researches the availability of legal provisions in the respective country which possibly neutralise these groups’ vulnerabilities as well as practices which authorities and NGOs implement towards these groups. The reports are a part of the Re-socialization of offenders in the EU: enhancing the role of the civil society (RE-SOC) initiative, coordinated by the Center for the Study of Democracy.

Analysis of the legal framework of assisting selected vulnerable groups in their relations with institutions

Анализ на правната рамка на подпомагането на избрани уязвими групи при взаимоотношенията им с институциите

Author(s): Miryana Ilcheva,Dimitar Markov / Language(s): Bulgarian

Within the framework of the initiative Civic organizations: a Guarantee for Equal Rights of Vulnerable Groups before the State of the Center for the Study of Democracy the legal analysis of the relations with institutions of four selected vulnerable groups – prisoners, persons, seeking special protection, and refugees, victims of trafficking and domestic violence – outlines the most common judicial and administrative procedures, in which they are involved. The elements of the proceedings are looked at, as well as the options to challenge the decisions of state authorities and the legal and practical mechanisms, by which NGOs can participate. Notably, in a number of areas the state relies substantially on civic organizations, while in others the relationship of institutions and NGOs is still being built.

Improving Protection of Victims’ Rights: Access to Legal Aid. Research paper on legal framework and best practices. Country Report – Bulgaria

Improving Protection of Victims’ Rights: Access to Legal Aid. Research paper on legal framework and best practices. Country Report – Bulgaria

Author(s): Author Not Specified / Language(s): English

The report explores whether the victims of crime receive sufficient information about their legal situation, who is entitled to legal aid and what its scope and extent is. The document also relates the opinions of various institutional, private and NGO stakeholders, approached by CSD researchers, on the situation of victims, as regards their access to legal aid and advice. A number of recommendations are given as to the improvement of the legislative and practical framework of legal aid to victims. The national report on legal aid for victims of crime was prepared within the framework of the Improving Protection of Victim’s Rights: Access to Legal Aid initiative.

Re-socialisation of offenders in the EU: enhancing the role of the civil society (RE-SOC). Workstream 1: Imprisonment in Europe. Germany – country report

Re-socialisation of offenders in the EU: enhancing the role of the civil society (RE-SOC). Workstream 1: Imprisonment in Europe. Germany – country report

Author(s): Sven-Uwe Burkhardt,Christine M. Graebsch / Language(s): English

The country background papers present information about the penitentiary system in Bulgaria, Belgium, Germany, Lithuania and Spain. The information includes: (1) legislation and other applicable regulations governing the penitentiary system; (2) structure of the system (types and number of facilities, location, management, etc.); (3) statistical data (prison population, capacity of penitentiary facilities, categories of inmates, budget, etc.); (4) studies and reports by domestic and international institutions and organizations dealing with prison-related issues; (5) additional information on the penitentiary system. The country background papers are based on the developed Methodology for data collection and analysis on the penitentiary system within the Re-socialization of offenders in the EU: enhancing the role of the civil society (RE-SOC) initiative.

Justice Sector Institutional Indicators for Criminal Case Management

Justice Sector Institutional Indicators for Criminal Case Management

Author(s): Author Not Specified / Language(s): English

The present white paper summarises the main findings of the Justice Sector Institutional Indicators for Criminal Case Management study. It puts forward the main problems which EU countries face in measuring justice system performance – there is no single assessment model and many countries are still in the experimental phase. Besides the legal accountability mechanisms courts tend to be a subject of managerial accountability. Despite the different approaches followed by the studied EU member states and the lack of a leading assessment methodology, certain indicators as caseload, duration of the procedure, available resources per number of cases can be distinguished as best practice.

Fighting VAT Fraud: The Bulgarian Experience

Fighting VAT Fraud: The Bulgarian Experience

Author(s): Konstantin Pashev / Language(s): English

This paper draws on the experience of Bulgaria in identifying the types and modus operandi of VAT frauds with a focus on the abuse of tax credit. It analyses the elements of tax design permissive of such abuses and discusses the possible solutions in the light of the international and domestic experience and the capacity of the tax administration. It offers a critical analysis of the Bulgarian anti-fraud device the VAT account, as well as the various alternative policy and administrative measures proposed or applied as barriers to abuse of VAT credit, including those pertaining to the domain of commercial registration, or those related to indicative “market” prices of commercial transactions. The study concludes that the possible solutions should be sought along the lines of optimizing risk management and the principle of joint liability rather than through tighter controls at entry and on the conduct of business.

Bulgaria: Legal and Judicial Reform, Judicial Assessment

Bulgaria: Legal and Judicial Reform, Judicial Assessment

Author(s): Alex Iorio,Galöina Mikhlin,Nancy E. Worthington / Language(s): English

This report was written by Alex Iorio (Counsel, LEGEC) and Galina Mikhlin (Counsel, LEGEC) based on findings of a mission that visited Bulgaria in October 1998. Ms. Nancy Worthington (Consultant) participated in the mission and substantially contributed to this report.

PROGRAM FOR JUDICIAL REFORM

PROGRAM FOR JUDICIAL REFORM

Author(s): Author Not Specified / Language(s): English

The Program for Judicial Reform developed in the frame of Judicial Reform Initiative was recently redesigned according to the recommendations, suggestions and notes received from the organizations concerned and was updated as to the end of March, 2000. The structure of the Program is based on the consensus priorities and the main directions of the judicial reform as follows: • development of the professional skills of the magistrates; • court administration reform; • further improvement of the reform’s legal basis; • opening of the Judiciary to society. The Program was published in separate brochures both in Bulgarian and English languages. A Policy Forum to endorse the Program was held in May, 2000. It brohgt together over 100 representatives of the executives, the Judiciary, international and foreign organizations, and experts as well.

Materials from the Bulgarian Collateral Law Conference

Materials from the Bulgarian Collateral Law Conference

Author(s): Author Not Specified / Language(s): English

The text includes the proceedings of the Bulgarian Collateral Law Conference, held on 30-31 January 1995, as well as the presented documents: The Need to Update Bulgaria's Collateral Law; Survey: Questions on Collateral Law (Secured Transactions or Asset-based Loans); Security in central and eastern Europe and the EBRD's Model Law on Secured Transactions; Polish Draft Law on Registered Pledges and the Pledge Registry; European Bank for Reconstruction and Development Model Law on Secured Transactions.

Changes and Amendements to the Privatization Law Adopted by the National Assembly in June 1994

Changes and Amendements to the Privatization Law Adopted by the National Assembly in June 1994

Author(s): Valentin Karabashev / Language(s): English

Bulgaria adopted its Privatization Law in 1992 - later than the other Central and Eastern European countries. (Actually, under the provisions of other Bulgarian governmental regulations, some privatization started before the adoption of the Law; however, most enterprises became eligible for privatization beginning in mid - 1992.) The Privatization Law favors capital privatization, i.e. sale, rather than free distribution of state property. This approach was accepted because of the belief that ownership should be transferred to persons with proper management skills and the ability to provide fresh investment.

Legal Aspects of the Private Sector in Bulgaria: Legal and Institutional Framework of the Private Sector

Legal Aspects of the Private Sector in Bulgaria: Legal and Institutional Framework of the Private Sector

Author(s): Valentin Georgiev / Language(s): English

Following the socialist revolution in 1944, the legal system and legislation served the purpose of fortifying the economic framework of socialist society. A number of laws adopted in the first years of socialism put public property and socialist planned economy in the foreground. Private property was rejected and certain laws were passed stipulating the expropriation of private means of production, the collectivization of farm land, and finally, the nationalization of personal property of citizens - housing, and others.