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CSD Policy Brief No. 24: Introducing Organised Crime Threat Assessment

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

MAIN POINTS * Introducing of EU-wide best practices of producing on a periodic basis of national reports assessing the threats from organised crime, which will facilitate the daily and long term activities of Bulgarian law-enforcement institutions. * Establishing of a permanent mechanism of institutional interaction, which will give full use of the instruments of publicprivate partnership, aiming at widening transparency in law-enforcement activities. * The application of modern methods for operative information gathering and analysis of the activities and finances of the organised criminal groups, in addition to the illegal markets under their controls. * Taking measures to facilitate the exchange of data between Bulgarian lawenforcement entities and between them and their EU counterparts in accordance with the Stockholm Program of the European Council.

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CSD Policy Brief No. 29: Public Trust in the Criminal Justice System – An Instrument for Penal Policy Assessment

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

MAIN CONCLUSIONS: ››› Of all the EU member states, Bulgaria is the country whose citizens are the least satisfied with the performance of the main government institutions. ››› Trust in the main institutions concerned with criminal justice in Bulgaria – the police and courts, is low and has remained practically unchanged over the last decade. At the end of 2010, a positive evaluation of police performance was given by less than half of the country’s adult population and barely one in five gave a favorable opinion of the courts. ››› The low public trust in the courts and police can also be accounted for by the high level of corruption in these institutions. ››› The low trust in the courts and police is conducive to public attitudes of insecurity. Society begins to perceive crime as an inherent part of reality rather than a problem that can actually be addressed. ››› A state’s penal policy can only produce results if sufficient attention is paid to trust, legitimacy, and security. It is therefore recommended to adopt a system of indicators for the assessment of public trust in criminal justice in Bulgaria. ››› These indicators are an instrument for improved formulation of the problems faced by criminal justice institutions and for more effective monitoring of changes in public attitudes. This would make it possible to focus the attention on strategic issues and long-term policies in the area of security and justice not only on the national, but also on the European level. In order to ensure comparability of the impact assessment of various implemented policies, it is recommended to adopt uniform indicators for measuring trust in criminal justice in the European Union and the member states, which should take place within the timeframe of the Stockholm Programme (2010-2014).

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CSD Policy Brief No. 31: Antimafia: The Italian Experience in Fighting Organised Crime

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

KEY POINTS The Italian approach to countering organized crime encompasses a number of complementing measures, which are tailored to the specific threats posed by the mafia. ››› Specialised legislation for facilitating and accelerating of pre-trial and judicial proceedings against mafia leaders and members ››› Harsher penalties and special penitentiary regimes against high level members of organised crime groups, which pose a serious threat to society. ››› Preventive confiscation allowing for expropriating mafia assets in favour of the society and the state. ››› Holistic antimafia policies have been pursued in the infiltrated by the organised crime municipalities and provinces. These policies include dissolving of the mafia controlled local authorities and implementing programs for improving security and economic development in Southern Italy.

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CSD Policy Brief No. 33: Management and Disposal of Confiscated Criminal Assets

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

KEY POINTS ››› The management and disposal of confiscated assets are important aspects of the overall process of confiscation, but they still remain marginal to the public debate in Bulgaria. ››› The existing legal and procedural gaps impede the effective management of confiscated property, frequently causing its plundering or demolishing. ››› The sale of confiscated real estate is further complicated by problems with mortgages and executive charges, incomplete property documentation, reputation of the former owner, and unfavourable market conditions. ››› The Bulgarian legislation concerning the allocation of proceeds from the sale of confiscated property is not in compliance with the relevant ratified UN conventions, which recommend using these revenues for compensation of the victims of crime. ››› The legal possibilities provided by Bulgarian law for re‐use of confiscated property for socially beneficial purposes are seldom applied and are not sufficiently publicised among the potential beneficiaries. ››› Among the important legislative gaps is the lack of a specific procedure for the transfer of confiscated real estate. The introduction of such an instrument could facilitate the utilization of these assets for the public benefit.

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Drug Users in Prison: Norway's Experience and Bulgaria's Challenges

Author(s): Dimitar Markov,Hedda Giertsen,Maria Doichinova / Language(s): English

Publication looks over the situation of drug users in two European countries – Norway, known for its social and welfare-oriented state, and Bulgaria, which since the beginning of the transition from totalitarism to democracy lacks sustainable policies on prisons and drugs. The aim of this work is to comparatively present the penal policy towards drug users and the measures taken for convicted people addicted to narcotic substances, to identify those features which can be transferable and can assist Bulgarian authorities to improve the situation of drug users in and outside the prison. Finally, this research will try to propose concrete measures to be taken both within the penitentiary system and as crime prevention efforts among drug users.

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Examining the links between organised crime and corruption

Author(s): Philip Gounev,Tihomir Bezlov / Language(s): English

The study Examining the links between organised crime and corruption was commissioned by the European Commission (DG JLS). This is the first study that examines systematically across all 27 EU Member States how organised crime uses corruption as a tool. The study is based on more than 150 interviews with corruption specialists (police, prosecutors, criminologists, and fraud specialists). More than 120 statistical and survey indicators on corruption and organised crime were analysed to examine the trends and patterns in organised crime’s use of corruption. The study focuses on how organised and white collar criminals use corruption to target public institutions (politicians, police, judiciary, and customs), as well as how it is used for the operation of key criminal markets (cigarettes, drugs, prostitution, car-theft, and extortion-racketeering). The study also examines how private sector company employees are corrupted by organised criminals. Although the study does not map the specifics of how corruption is used in each EU Member State, six in-depth studies (on Bulgaria, France, Greece, Italy, Netherlands, and Spain) provide a more in-depth look in the situation in these countries. The study was presented in April 2010 at a meeting organised by the EC to representatives of ministries of interior of all 27 EU Member States. In July 2010, the study was presented at a hearing of the Committee on Civil Liberties, Justice and Home Affairs (LIBE) of the European Parliament.

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Organized Crime in Bulgaria: Markets and Trends

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

The report Organized Crime in Bulgaria: Markets and Trends summarizes the analyses carried out by the Center for the Study of Democracy throughout the last decade which have focused on specific aspects of organized crime in Bulgaria (contraband, the drug market, tax fraud, human trafficking, arms proliferation, etc.), the systemic spread of corruption, and the linkages between the two. The report presents the latest trends and manifestations (or market niches) of syndicate crime and its particularly damaging effects. It goes further to offer a historical review of the facts and available expertise in the area, and to draw conclusions about the origin, characteristics and developmental features of organized criminality in Bulgaria in the context of the transition to democracy.

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Crime Trends in Bulgaria: Police Statistics and Victimization Surveys

Author(s): Tihomir Bezlov,Philip Gounev,Alexander Stoyanov,Maria Yordanova / Language(s): English

The report uses a crime victimization survey as an alternative analytical tool to make an independent assessment of the crime situation in Bulgaria for the period 2001–2004. The crime victimization survey polls people’s experiences with crime. Unlike official government crime statistics, the regular crime victimization surveys help the police and government authorities, as well as the public to understand: • whether the official police crime data reflect the real crime rate and crime trends; • the volume of the unreported crime; • the reasons victims do not report crimes to the police; • whether the police avoids registering reported crimes; • the profile of the social groups that are most at risk of falling victims to crime.

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Подпомагане и реинтеграция на деца – жертви на трафик: Подобряване на политиката и практиката в страните от Европейския съюз

Author(s): / Language(s): Bulgarian

This Handbook presents the main results of an in-depth evaluation study of the legal, policy and practical frameworks for assistance to and reintegration of child victims of trafficking in six EU Member States – Austria, Bulgaria, Hungary, Italy, Slovakia, and Sweden. The three reports included in this Handbook are based on three standardised methodologies for examination of legal and policy frameworks, for evaluation of programmes for assistance and re/integration of child victims of trafficking and for indentification of good practices in this area. The reports analyse the relevance of legal frameworks for the needs of trafficked children and the effectiveness of services for such children in different areas of assistance, such as: identification of trafficked children, appointment of a guardian, individual case assessment, regularisation of status, interim care and protection, durable solutions and longterm re/integration. The reports offer a comparative analysis of the effectiveness of assistance and reintegration programs and discuss identified challenges that need to be addressed in countries of both destination and origin in order to assure better protection and assistance to trafficked children across the EU.

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Индекс за мониторинг на условията в затворите: методология и пилотни резултати

Author(s): Dimitar Markov,Maria Doichinova / Language(s): Bulgarian

International organisations, national governments and human rights NGOs exercise various types of monitoring of the penitentiary systems. In order to quantify their results, there are some generally accepted indicators (such as the number of inmates per 100.000 citizens), but in many specific areas like healthcare, employment, security and safety, such indicators have never been applied. Therefore, those monitoring efforts will substantially benefit from an instrument capable of supplying comparable and easy-to-use data on the situation in prisons. To address this need, the Center for the Study of Democracy, in cooperation with the Dortmund University of Applied Sciences and Arts, the Observatory on the Penal System and Human Rights with the University of Barcelona, the Law Institute of Lithuania and Association Droit au Droit, developed a Prison Conditions Monitoring Index (PCMI) – a system of indicators translating into comparable figures the situation in different prisons. In the end of 2014, the PCMI was piloted in several prisons in Bulgaria, Germany and Lithuania to test its operability and analyse the potential use of the results it generates. The present report elaborates on the methodology underlying the PCMI and offers a summary of the results of its pilot implementation. It is intended for a broad audience of readers including policy makers, prison staff, lawyers, social workers, academics and NGOs interested in the topic of prison monitoring.

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Мониторинг на скриената економија во Македонија: трендови и можни политики

Author(s): Ana Mickovska-Raleva,Emil Shurkov / Language(s): Macedonian

Macedonia features in many discussions as a country with high hidden economy. The European Commission has repeatedly voiced its concerns in its regular country reports about the size and proliferation of hidden economy practices. Hidden employment or undeclared work in Macedonia is of particular concern to the authorities, provided the very high and stubborn levels of official unemployment and low employment levels. However, most studies and research on the matter involve a high level of ambiguity, as they refer to specific narrow outcomes of the hidden economy, usually towards a specific point in time, with dynamics being difficult to trace. The current report, prepared jointly by the Center for the Study of Democracy (CSD) and the Center for Research and Policy Making (CRPM), Macedonia proposes a methodology that would allow the tracing of the dynamics of the hidden economy and its components (e.g. hidden turnover, hidden employment, etc.) over time. This would make possible for the Macedonian government and its European partners to follow the impact and assess the effectiveness of their policies for tackling the hidden economy. Estimates suggest that the hidden economy size in Macedonia ranges from 24% to 47% of its GDP according to different measurement methods. The current report indicates that the percentage of hidden salaries remains the most acute concern, with the employment income of some 40% of Macedonian employees being at least partially undeclared. Moreover, 7% of all Macedonian employees work without a contract, and are not being paid any social security contributions whatsoever. The interviewed business representatives confirmed wide scale violations of the Labour Code. Over half of those respondents claimed that signing contracts with ‘hidden clauses’ (not accounting for the full remuneration paid out) were commonplace in their sector. Moreover, large-scale tax evasion seems to continue to pose a serious problem for the Macedonian economy and social system as the government tries to adjust them in order to be compatible with the principles of the market economy without imposing too extensive erosion of the social fabric and the existing social benefits. Tax avoidance is especially widespread among the poorest members of the society, which makes the underprivileged especially vulnerable as they may find themselves being criminally prosecuted for unpaid taxes or charged with paying large penalties. VAT returns are provided back to companies with significant time lags and represent additional burden for companies which are part of the formal economy. The issuance of cash register receipts also remains an issue, as only less than a half of the respondents claimed that they always received receipts when buying groceries. The situation is similar with the purchase of services.

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Престъпление без наказание: противодействие на корупцията и организираната престъпност в България

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

The report provides an overview of the state and dynamics of the corruption in Bulgaria as well as of the Bulgarian anticorruption policy and initiatives during the first two years of Bulgaria`s EU membership. This period can be described with a high rate of crimes without punishment such as political corruption and organized crime. This report explores the facets and sources of political corruption in Bulgaria. It tracks the dynamics of the hidden economy in the country and the main channels for corrupt interaction between business and politics.

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Тенденции на престъпността в България: полицейска статистика и виктимизационни изследвания

Author(s): Tihomir Bezlov,Philip Gounev,Alexander Stoyanov,Maria Yordanova / Language(s): Bulgarian

The report uses a crime victimization survey as an alternative analytical tool to make an independent assessment of the crime situation in Bulgaria for the period 2001–2004. The crime victimization survey polls people’s experiences with crime. Unlike official government crime statistics, the regular crime victimization surveys help the police and government authorities, as well as the public to understand: • whether the official police crime data reflect the real crime rate and crime trends; • the volume of the unreported crime; • the reasons victims do not report crimes to the police; • whether the police avoids registering reported crimes; • the profile of the social groups that are most at risk of falling victims to crime.

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All’s wrong that starts wrong – withdrawals from the International Criminal Court

Author(s): Tamás Lattmann / Language(s): English

The Hague-based International Criminal Court, the world’s first permanent judicial forum, created in 1998 by the adoption of the Rome Statute, has been living difficult times during the past months. After years of struggle since its operations have started in 2002, the second half of 2016 has brought withdrawals, threats for withdrawals, and even a visibly collective strategy for a mass withdrawal of African states from the system. What keeps states in a similar structure, what makes them seriously consider a withdrawal, and what is the possible future of the International Criminal Court (ICC)?

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Zločin agrese znovu na scéně

Author(s): Veronika Bílková / Language(s): Czech

Although there is consensus, since the post-war tribunals in Nuremberg and Tokyo, that the launch of the illegal war is one of the worst acts that can be committed, prosecution of the individuals responsible for this act, i.e. the so-called crime of aggression, is not possible on the international stage. It lacked not only the political will but also the definition of crime and also the body that would be competent to take charge of it. Over the last two decades, the situation has gradually changed. The International Criminal Court (MTS) was established in 1998, the definition of the crime of aggression was agreed in 2010, and finally, on December 14, 2017, MTS was given the opportunity to apply the definition and to prosecute on its basis. This is a significant shift, but it has significant limits that will undoubtedly affect its practical impact. This reflection first summarizes the development of efforts to prosecute the crime of aggression on an international level, and consequently represents some of the limits the current regime suffers.

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Razuman rok u krivičnom postupku: prijedlog za novi metodološki pristup prikupljanju i izvođenju tužilačkih dokaza

Author(s): Branko Perić / Language(s): Bosnian

In this paper, the author discusses the existing case law in terms of application of the partisan (adversary) procedural model from the perspective of a speedy trial (trial within a reasonable time-frame), focusing on Prosecutor's obtaining evidence during investigation and presentation of evidence at the trial. A particular aspect is related to the structure of indictment, preparation of witnesses and the concept of adducing physical (documentary) evidence. The author advocates a dialogue between the legislator and the judiciary concerning the issues of efficient criminal justice system and seeking solutions in two directions: by rationalization of evidentiary proceedings and by interventions with the procedural legislation to secure speedy trial.

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Odgovor Tužilaštva

Author(s): Vesna Rakić Vodinelić / Language(s): Serbian

Ovo obaveštenje sam promptno dobila iz Tužilaštva za organizovani kriminal kao odgovor na našu krivičnu prijavu protiv Vladimira Đukanovića. Suština je u tome da oni smatraju da mi nismo pružili dovoljno dokaza za osnove sumnje da je Đukanović organizovao kriminalnu grupu, te da bi time izvršio krivično delo iz čl. 346. Krivičnog zakonika. Za preostala dva krivična dela, izazivanje opšte opasnosti iz čl. 278. i povrede ravnopravnosti iz čl. 112 Krivičnog zakonika, obaveštena sam da je krivična prijava upućena Republičkom javnom tužilaštvu koje treba da odredi stvarno i mesno nadležno tužilaštvo, tj. više njih, s obzirom na različita mesta na kojima su dela izvršena, koja će dalje postupati.

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Criminal Law Framework for Processing Hate Crimes

Author(s): Ljiljana Filipović / Language(s): English

Analysing the criminal law framework for processing a certain type of criminal offence presupposes that this criminal offence differs from other criminal offences by one or more characteristics and that this specificity has implications for the application of certain general institutes of criminal law (substantive and procedural). With hate crimes, this distinctive characteristic is the particular motive for their commission. This paper deals with the significance of this special characteristic for the processing of hate crimes understood as per the changes and amendments to the Criminal Code of Republika Srpska (hereinafter: CC RS), the Criminal Code of the Brčko District of Bosnia and Herzegovina (hereinafter: CC BD BiH) 2010 and the Draft Law on Changes and Amendments to the Criminal Code of the Federation of Bosnia and Herzegovina (hereinafter: CC FBiH), June 2013.

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Krivično djelo izazivanja nacionalne, rasne i vjerske mržnje, razdora ili netrpeljivosti: Nepreciznost norme i problemi u njenoj praktičnoj primjeni u Bosni i Hercegovini

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

Razlike u propisivanju krivičnog djela izazivanja nacionalne, rasne i vjerske mržnje, razdora ili netrpeljivosti (u daljnjem tekstu: izazivanje mržnje), neprecizne formulacije i nedostatak definicija ključnih termina u zakonskom opisu tog djela u četiri važeća krivična zakona u Bosni i Hercegovini otežavaju efikasno i konzistentno procesuiranje počinilaca ovog krivičnog djela.

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Posebne istražne radnje: normativna uređenost i osvrt na praktičnu primjenu

Author(s): Aida Kržalić / Language(s): Bosnian

The work represents the normative regulation of special investigative measures in BiH legislation with a brief review of the provisions before the legislation reform in 2003, as well as of the current provisions. The first part of this paper presents an overview of international documents that restrict the right of a State in relation to the right of an individual concerning the application of special investigative measures, as well as a theoretical approach to this issue and normative regulation of the application of special investigative measures. The second part presents the observed shortcomings in applying these measures. In addition, special investigative measures have been established with precisely formulated criteria to determine the application of the the same. Also, legal provisons at the entity levels and Brčko District, do not significantly deviate from the provisions adopted at the state level.

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