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Criminal Justice Reform

Criminal Justice Reform. Speaker: Otar Kakhidze Date : 17.05.2012. Before Reforms took place. Organized Crime – “Thieves-in-Law”. 2003. Corruption in law enforcement system. Lack of Rule of Law. Impunity Syndrome. Organized Crime. Criminal Mentality.

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Criminal Justice Reform

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  1. Criminal Justice Reform Speaker: Otar Kakhidze Date: 17.05.2012

  2. Before Reforms took place Organized Crime – “Thieves-in-Law” 2003 Corruption in law enforcement system Lack of Rule of Law Impunity Syndrome

  3. Organized Crime Criminal Mentality No Cooperation with Law Enforcement Control over the Prisons Pressure on Businesses Influence on Political Processes

  4. Organized Crime “Thieves’ World” So called “Communal Fund of Thieves”. “Obshyak” Own “Laws” “Thieves -in-law” Pyramid Control Over: Prisons Business Government officials Crime

  5. Georgian Thieves-in-Law among Former Soviet Union Countries(2003) Organized Crime

  6. Organized Crime Prisons

  7. Low Salaries Corruption Policeman Bribe to get a job Prosecutor 15000 $ 5000 $ 10 000 $ Admission to the Faculty of Law 7

  8. Reforms HR policy Zero Tolerance Policy Structural Reform Emending Legislation

  9. HR Policy Human Resource Optimization: Prosecution Service 1491 → 383 18000 Policemen Fired Competition-based recruitment Increased salaries Better working environment Training of professionals Elaboration and implementation of the Code of Ethics Strict responses to violations by public servants

  10. Increased Salaries HR Policy 500 – 2000 $ Judge 2010 2006 Prosecutor 2004 2000 Investigator 15 – 60 $ 10

  11. HR Policy New System of Tests & Trainings for Interns Systematic Trainings of Prosecutors Tests Tests Tests Training Personnel Database Appointment Promotion

  12. Structural Reform Prosecutor-Investigator Prosecutor • 257 • 711 Prosecution Service of Georgia • 46 • 333 Penitentiary Prosecution Military Prosecution Transport Prosecutor’s Office

  13. Amendments in Legislation Simplified Investigative Procedures Private, Public-private, Public, Prosecution Public Prosecution Initiation of criminal case, inquiry Initiation of Investigation Returning the case for investigation Completing the case in Court

  14. Zero Tolerance Policy2005-2009 No Crime without Strict Responsibility Criminalization of “Mafia” Membership Establishing Strict Control Over the Prisons Forfeiture of Illegal Property • Criminalization of the most Prevalent Offences • (Cell phones, Car theft, Robbery, Kidnapping, Burglary, Corruption)

  15. Prosecution of Thieves-in-law Zero Tolerance Policy Total 173

  16. Criminal Justice System Reform Illegal Property Returned to the State Budget 1,4Billion Gel 0,4 Billion Gel 1Billion GEL Tskneti Kutaisi Tsalenjikha Telavi

  17. Zero Tolerance Policy Prisons Today Prisons Before 17

  18. Procedural Agreement Procedural Agreement Penalty Guilt Procedural Agreement Represents an agreement among the prosecution and defense in regard with the charge or penalty Procedural agreement may be reached in regard with ALL CRIME CATEGORIES Accused pleas guilty and agrees on penalty Accused does not plea guilty, but agrees on terms and penalty offered by the prosecutor. 18

  19. Procedural Agreement Statistics Procedural Agreements Content Consideration Total of Sentences

  20. Diversion and Mediation Prosecutor has a right not to launch or stop criminal prosecution of the person charged with less serious or serious crime, If the person agrees to fulfill one or several of the defined activities. Juvenile Diversionprogram was enacted since November 15, 2010, 137 juveniles have been diverted Adult Diversionprogram was enacted since October 25, 2011, 411adults have been diverted

  21. Community Work Enacted since June 1, 2011 Community Work is sentenced: Community Work has already been sentenced to 436 persons With the Court Verdict With the Court Verdict, if it Is considered as means of procedural agreement With the decision of the Local Council of the Ministry of Prisons

  22. Coordination Local Coordination Council

  23. Witness and Victim Coordination Agency Detailed information about the legal proceedings Organization of meetings with prosecutor Instructions about the rights and duties

  24. Integrated Criminal Case Management System (ICCMS)

  25. Criminal Justice Reform Results The comparison is done only with 8 crimes researched in 1992-2011. 25

  26. Criminal Justice Reform Results • The assessment of the authority of “thieves in law” over the last five years 26

  27. Criminal Justice Reform Results 27

  28. Zero Tolerance Policy – Survey Results Cooperation with Investigation Question:If you were a witness of crime, would you cooperate with the investigation?

  29. Results of Criminal Justice Reform • Assessment of General Criminal Situation in Georgia

  30. Prison Population (2000-2008) Zero Tolerance Policy

  31. Analyze of Investigative Activities (2012) 1. Problems related to criminal case management process 2. Problems related to communication with citizens Digitalization of old cases Lack of computer skills Functional shortcomings of the system Disregarding duty to inform citizen Delegation of activities / Monitoring Inadequate attitude towards citizens Exchange of electronic information with external bodies Lack of communication between prosecutor and citizen New criminal case registration and control thereof Inappropriate environment for communications with citizens

  32. Reforms Continue ... Thank You for Your Attention!

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