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CROATIAN PUNITIVE SYSTEM

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

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CROATIAN PUNITIVE SYSTEM

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  1. CROATIAN PUNITIVE SYSTEM EDUCATIONAL REHABILITATION FACULTY, 2009 JURE ŽULJ, univ.spec crim.

  2. 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 2

  3. 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

  4. CRIMINAL / LEGAL SANCTIONS • fine, prison (replaced: supletory, work for the common good • action alerts – legal warning, suspendedsentence, suspended sentence with the protective supervsion • security 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 foryoung people (up to 21yo)

  5. ALTERNATIVE SENTENCES • WORK FOR THE COMMON GOOD – substitutes imprisonment up to 6 months • CONDITIONAL SENTENCE WITH PROTECTIVE SUPERVISION(parole) • IMPLEMENTATION OF NATIONAL PROBATION SERVICE TO 2010.

  6. SENTENCE • 4 FUNCTIONS: • Intimidation (specific, general ) • Disabling (closedown ) • Retribution (punishment according to desert ) • Rehabilitation (changing the perpetrators, behavior modifying) PREVENTION • General • Special

  7. 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’s fundamental rights are fully protected by the Constitution, international treaties and Law Execution of Sentences of Imprisonment (LESI /ZIKZ)

  8. WHO IS LOCATED IN THE PENAL INSTITUTIONS • PRISONERS • DETAINEES • TO KEEP A PERSON/LOCK-UPS ( 24 -48 HOURS, JUDGE ) • MISDEMEANOR PENALTY • YOUNG OFFENDERS (SPECIAL CORRECTIONAL FACILLITY)

  9. 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

  10. 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.)

  11. PRISON SYSTEM Organization

  12. ADMINISTRATION OF PRISON SYSTEM DIRECTOR Central office OFFICE ADMINISTRATIVE JOBS TRATMENT SERVICES SECURITY SERVICE PROGRAMMING AND MONITORING THE PERFORMANCE OF PRISON SERVICE 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 PROCESSING DEPARMENT SPECIAL TREATMENT AND TEHNICAL PROTECTION DEPARMENT OF DIAGNOSTIC AND PROGRAMING DEPARMENT FOR EVALUATION AND IMPROVEMENT EXECUTION PENALTIES JAIL GLINA, LEPOGLAVA, LIPOVICA-POPOVAČA, POŽEGA, TUROPOLJE, VALTURA, ZATVORSKA BOLNICA EDUCATIONAL INSTITUTE (POŽEGA, TUROPOLJE) PRISON BJELOVAR, DUBROVNIK, GOSPIĆ, KARLOVAC, OSIJEK, POŽEGA, PULA, RIJEKA, SISAK, SPLIT, ŠIBENIK, VARAŽDIN,ZADAR, ZAGREB CENTER FOR EDUCATION

  13. JAIL • MEASURES 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 PRISONS • MAXIMUM SECURITY (WITH MEDIUM AND MINIMUM SECURITY DEPARTMENTS,

  14. PRISON • SENTENCE PRONOUNCED IN CRIMINAL PROCEEDINGS OF MORE THAN 6 MONTHS • 7 PRISONS • 3 MAXIMUM SECURITY PRISONS (LEPOGLAVA, GLINA, PRISON HOSPITAL IN ZAGREB), • 3 MEDIUM SECURITY PRISONS (LIPOVICA, POPOVAČA, POŽEGA, AND TUROPOLJE), • 1 MINIMUM SECURITY PRISON (VALTURA )

  15. CORRECTIONAL FACILITIES • EDUCATIONAL/CORRECTIONAL MEASURES • 2 INSTITUTIONS - TUROPOLJE - POŽEGA

  16. COMPARISON BY SECURITY LEVELS MEDIUM AND MINIMUM SECURITY PRISONS • no strong physical barriers (concrete wall ) • no video surveillance • no official dogs (preventing escape, finding drugs and explosives) • less number of security officers • greater freedom of movement for prisoners • greater benefitsfor prisoners • specific measures of order, security; increased surveillance, separation and bonding can be applied

  17. MAXIMUM SECURITY PRISONS • strong physical barrier (concrete wall ) • barbed wire on top of the wall • constant external security in form of security officers carrying weapons (guns, rifles ) • video surveillance • official dogs • greater number of security officers • less freedom of movement for prisoners

  18. ENFORCEMENT OF PRISON SENTENCE PROCEDURE

  19. RECEPTION OF PRISONERS • JUDGE SENDS THE CONVICT TO PRISONFOR LONGER THAN 6 MONTHS • PUNISHMENT UP TO 6 MONTHS, SOME ELEMENTS OF THE RECEPTION; • IDENTIFICATION • CONFISCATION AND STORAGE OF THINGS, MONEY… • MEDICAL EXAMINATION, • INTRODUCING THE RIGHTS TO THE PRISONER,

  20. DEPARMENT OF DIAGNOSTICSAND PROGRAMMING • Formed as a Center for Diagnostics in1987. • Purpose: • classification of prisoners • Detection and diagnosis of high-risk factors (static and dynamic) • Recommending procedures to meet the demands and risks • Proposal of individual program during theimprisonment

  21. ACCOMMODATION AND FOOD • OVERCROWDING EFFECTS CAN BE SEEN MOST IN THE COMFORT OF PRISONERS • LEGAL STANDARD 4sq.meters and 10 cubic meters • CONDITIONS THAT HAVE TO FE FULLFILLED; spatial hygienic health clothing and footwear food

  22. PRISON POPULATION Distribution of prisoners regarding recidivism Year total returnees %

  23. STRUCTURE PRISONERS BY CRIME 2006. AND 2007.

  24. STRUCTURE OF PRISONERS BY THE LENGTH OF SENTENCES ON THE DAY 31.12.2006. AND 2007

  25. ORDER AND SAFETY • Maintaining order and security is the mainrole of security officers • The role of treatment in maintaining security is appliedindirectly, 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

  26. SPECIAL MEASURES MAINTAINING OREDER AND SECURITY Special measures and security are; • Stronger surveillance, • Temporary confiscation of things that usually are allowed, • Separation from other prisoners, • Accomodation in special cells with no dangerous goods, • Accomodation to the department of stronger surveillance, • handcuffing and shackles when needed, • 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.

  27. 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

  28. APPLIED SECURITY MEASURES IN 2008 IN PRISON SYSTEM • stronger surveillance – 1996 • confiscation ofnormally allowed stuff – 261 • separation from other prisoners – 306 • Accommodation –special room with no dangerous stuff– 279 • Accommodation at the department for stronger surveilance – 55 • Handcuffing and shackles – 147 • Solitary - 3

  29. 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…)

  30. 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

  31. PROCEDURES FOR ARRESTAND DEFENCE TECHNIQUES • Specific 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

  32. APPLICATION OF BATONS • To overcame active resistance • They can use both batons and aerosols • Other types of batons (other than rubber) have to be approved by the superintendent – when it comes to serious violations of order

  33. 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 )

  34. 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

  35. HUMAN RESOURCE

  36. DATA ABOUT EMPLOYEES FROM REPORTING 2007.

  37. JOB REQUIERMENTSFORSECURITY OFFICERS • Person who’s applying for the job must meet the following conditions; • To be free of the obligation of military service • Maximum age is 30 and high school diploma is required • must have certain physical characteristic and mental health • Must be a Croatian citizen • Not involved in criminal proceedings against him

  38. PROFESSIONAL RANKS

  39. OFFICIAL ID AND AUTHORIZATIONS • Given the authorized * Type “A” – director of officials, there are administration and other types 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

  40. COOPERATION WITH OTHER GOVERMENT BODIES AND ORGANIZATIONS • During the individual program of enforcing prison setence, prisons cooperate with: • Courts • Judge • DA • USKOK (special DA office; corruption, organized crime) • Police • Center for Social Welfare • Medical facilities • NGOs (non-goverment/non-profit organisations)

  41. CAPACITY • capacity of the prison system in 31.12.2007. amounted to 3116 beds • overcrowding 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

  42. CROWDING

  43. CONSEQUENCES OF OVERCROWDING • Large 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…

  44. ATTEMPTS TO SOLVE THE PROBLEM OF OVERCROWDING • Building new prisons • Use of alternative sanctions (reduction of short sentences and detention) recommended by the European Council R (99) 22 • Enabling rehabilitation through probation • Primary prevention and targeted action on the high-risk groups

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