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Iceland Criminal Justice System

Iceland Criminal Justice System. Contents. Population Crime Police Prosecution Courts Lawyers The General Penal Code and Special statues Code of Criminal Procedure Danish Influence The Director of Public Prosecution Public Indictment Althingi – The Parliament Iceland and Europe

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Iceland Criminal Justice System

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  1. Iceland Criminal Justice System

  2. Contents • Population • Crime • Police • Prosecution • Courts • Lawyers • The General Penal Code and Special statues • Code of Criminal Procedure • Danish Influence • The Director of Public Prosecution • Public Indictment • Althingi – The Parliament • Iceland and Europe • Centralisation • Underlying principles • The National Commissioner of Police • Structure of the Police • The Economic Crime Department • Further investigative agencies • Advantages • Relevant fraud provisions in criminal law • General forgery offences • The general corruption offences • Investigations • Investigative Powers • International Contacts and Cooperation

  3. Population • On 1st of December 2006 the population was 307.672. • For the past two years, population increase in Iceland has been higher than in any other country in Europe. This is mainly due to increased immigration. • In 2006, 6% of Iceland’s population were foreign nationals compared with 4,6% a year earlier and 3,4% in 2001. • Only ten years ago, the proportion of foreign nationals was below 2%. Most of them are Poles (5.996), Lithuanians (998), Germans (945) and Danes (936).

  4. Crime • The number of Criminal Code Offences reported to the police in 2005 was 12.028*(4.000 per 100.000 people). • Of these, • 6.082** were offences committed for monetary gain, • 1.587*** involved bodily injuries (including 3 homicides), • 288 involved sexual offences and • 2.643 involved destruction of, or damage to, property.

  5. Crime, continue .... • The average number of prisoners serving sentences, per day, in 2005 was 145 (47,2 per 100.000 of the population). • Iceland has by far the lowest prison population among the Nordic countries: in the other Nordic countries the figure is 68-78 per 100.000 people.

  6. Police • In 2010 the total number of policemen in Iceland was just over 660 (about 220 per 100.000 of the population). • The number of other personnel working for the police is not known.

  7. Prosecution • To give an idea of the total number of prosecutors in Iceland, one can say it is about 60 (20 per 100.000 of the population).

  8. Courts • There are 8 district courts in Iceland and a Supreme Court. The total number of judges is 52 (about 17 per 100.000 of the population). • The judiciary consists of a: • Supreme Court (í. Hæstiréttur) and • District Courts (í. Héraðsdómstólar) • also two courts with special jurisdiction: • Labour Court (í. Félagsdómur) and • Court of Impeachment (í. Landsdómur)

  9. Lawyers • There are about 718 members on the register of the Icelandic Bar Association (í. LögmannafélagÍslands), including about 436 who work independently as lawyers or representatives of independent lawyers. • Other lawyers on the register are either employed by companies and institutions or are retired. Thus, there are 436 lawyers who undertake to act as defence counsels (145 per 100.000 of the population).

  10. The General Penal Code and Special Statues • Iceland’s criminal law falls into two main bodies: • The General Penal Code (í. almenn hegningarlög) • Special Statutes (í. sérrefsilög), which address minor offences and offences in specific areas of human activity.

  11. The General Penal Code • The first comprehensive penal code in Iceland came into force in 1869, modelled on the code that had recently been enacted in Denmark. • The current Penal Code dates from 1940, and was modelled on the Danish code of 1930.

  12. Code of Criminal Procedure • The first comprehensive code of criminal procedure was enacted in 1951. • Current code dates from 2008.

  13. Danish Influence • Danish law has long exercised a formative influence on Icelandic legislation; it has been said that Denmark is the Icelanders’ homeland when it comes to law. • When new legislation is to be written, e.g. in the field of criminal law or legal procedure, the first move is usually to consult Danish law as a model.

  14. The Director of Public Prosecution (DPP) • Under the Code of Criminal Procedure (No. 88/2008), prosecution is in the hands of the DPP and the police commissioners, including the National Commissioner.

  15. The DPP, continue .... • The DPP exercises supreme prosecution authority. Under the Code of Criminal Procedure, No. 19/1991, which took effect on 1st of July 1992, an amendment was made to the prosecutory structure whereby police commissioners were authorised to institute criminal proceedings in minor cases, especially traffic offences. • In 1997, the police commissioners were authorised to institute criminal proceedings in minor violations of the General Penal Code and specific criminal statutes.

  16. Public Indictment • Under the General Penal Code and the Code of Criminal Procedure, every punishable act shall be subject to public indictment, unless a different arrangement is provided for by law.

  17. Althingi – The Parliament • Iceland is governed by the Althingi, which consists of a single chamber with 63 elected members. • The president has limited powers and most of the president’s executive functions are exercised by the prime minister and the cabinet.

  18. Iceland and Europe • Iceland became a full European Free Trade Association (EFTA) member in 1970 and entered into a free trade agreement with the European Community (EC) in 1973. • Under the Agreement on the European Economic Area (EEA), which became effective in 1994, there is basically free cross-border movement of capital, labour, goods, and services between Iceland, Norway and the European Union (EU) countries.

  19. Centralisation • The entire criminal justice system (the police, the prosecution and the courts) in Iceland is centralised, as is the legislative system.

  20. Underlying principles related to the criminal justice system • Iceland is a Rechtstaat (í. Réttarríki) in the sense that governmental authority is legitimately exercised in accordance with the “rule of law” principle. • The rule Nullum crimen sine lege (e. No crime without law) is enshrined in Section 1 of the General Penal Code (No. 19/1940). Concepts such as presumption of innocence, double jeopardy, equality before the law and habeas corpus are also in force in Icelandic law. • The European Convention on Human Rights was ratified under the Act No. 62/1994.

  21. The National Commissioner of Police (NCP) • The NCP acts on behalf of the Ministry of Justice in police affairs, mainly in administrative duties vis-à-vis to the regional commissioners of police. • The NCP is in charge of the police as an agent of the Minister of Justice.

  22. The NCP, continue .... • Among the special tasks to be executed by the NCP under the Police Act are the following (a-e): • a. to operate a police investigation department to investigate tax and financial offences. • b. to operate a police investigation department to investigate high treason and offences against the constitution of the state and its supreme authorities, and to assess the threat of terrorism and organised crime.

  23. The NCP, continue .... • c. to operate a general department to attend to the systematic recording of information on police affairs. • d. to operate an international department to attend to communication with other countries. • e. to operate a laboratory to attend to the examination of documents and fingerprints and other such technical forensic investigations.

  24. Structure of the Police in Iceland • Structural changes were made to the Icelandic Police in 2006, with a reduction of the number of policing areas under the control of district commissioners from 26 to 15. This was among other things aimed at putting the police in a better position to deal with serious offences.

  25. The Economic Crime Department • The Economic Crime Department of the National Commissioner is in charge of investigating serious violations of the provisions of the General Penal Code dealing with offences aimed at financial gain. • The department also investigates violations of certain specific criminal legislation, including tax and customs violations and infringements of the legislation on foreign exchange transactions, pricing, securities brokerage and credit transactions, and its duties include work and data processing on economic crime.

  26. The Economic Crime Department, continue .... • A special prosecutor, appointed by the Minister of Justice, deals with economic crime, exercising the prosecutory function on behalf of the National Commissioner but with professional responsibility towards the Director of Public Prosecutions. • This arrangement is in accordance with the Regulation No. 804/2007 on the investigation and prosecution of economic crime, which was issued pursuant to the Police Act.

  27. The Economic Crime Department, continue .... • The types of offence that are classified as economic crimes are listed in the same regulation. • The total number of personnel working for the department is 17; 4 lawyers, 9 policemen and 4 graduates in business administration

  28. Further investigative agencies • Certain institutions and administrative officers have investigative powers that are comparable to those of the police, e.g., • the Director of Customs • the Director of Tax Investigations • the Competition Authority • the Occupational Safety and Health Administration • the Aircraft Accident Investigation Committee • the Icelandic Marine Accident Investigation Committee

  29. Advantages • The two main advantages of the Icelandic criminal justice system; • it´s simple • the same laws and regulations apply to the whole country.

  30. Relevant fraud provisions in national criminal law • (See under Chapter 32 – Financial Control – p. 14 Protection of the EU financial interests). • Chapter XXXVI of the General Penal Code Act. No 19/1940 (An official English translation of the legislation can be found under the following link: http://eng.domsmalaraduneyti.is/laws-and-regulations/nr/1145 ).

  31. Relevant fraud provisions in national criminal law, continue .... • In the list under chapter 32 the following provisions are missing: • Art. 247 In case a person embezzle funds or other valuables which are in his/her custody, but owned by another, without the act, however, being subject to Art. 246, he/she shall be subject to imprisonment for up to 6 years. • In case a person has used another’s funds without authority for his/her own requirements he/she shall be punished therefore in accordance with para. 1, irrespective of whether or not he/she has been in duty bound to maintain the money segregated from his/her own funds.

  32. Relevant fraud provisions in national criminal law, continue .... • Art. 249 a. In case a person does in an illegal manner alter, add to or destroy computer hardware or data or programs stored in a computerized form or has in another manner made arrangements apt to influence the findings of computer processing this is subject to imprisonment for up to 6 years (Act 30/1998).

  33. General forgery offences • Provisions on general forgery offences can be found in Chapters XVI and XVII of the General Penal Code. • (See under Chapter 32 – Financial Control – p. 16) • Chapter XVI : Counterfeit of Money and other Offences respecting Legal Tender. • See Art. 150 – 154 (Act 82/1998) • Chapter XVII. Falsification of Documents and other Offences pertaining to Visible Evidence. • See Art. 155 – 163 (Act 30/1998. Act 82/1998)

  34. General corruption offences • Provisions on general corruption offences can be found in Chapters XII, XIV and XXVII of the General Penal Code. • (See under Chapter 32 – Financial Control – p. 18) • Chapter XII. Offences against the Authorities • See Art. 109 (Act 125/2003) • Chapter XIV. Offences while Exercising a Public Office • See Art. 128 (Act 82/1998. Act 125/2003) • Chapter XXVII. Miscellaneous Offences pertaining to Financial Rights • See Art. 264 a (Act 125/2003)

  35. Investigations • Criminal Procedure Act No. 88/2008 • Police Act No. 90/1996 • The general rule is that criminal investigations are Police matter (Criminal Procedure Act Art. 52 and Police Act Art. 8)

  36. Investigations, continue .... • Special investigation departments to handle investigation of; • homicides • robbery • sexual offences • arson • serious drug offences • serious physical assaults • serious economic crime • serious accidents • major fires

  37. Investigations, continue .... • The district police commissioners also function as prosecutors and supervise police investigation in their areas. The police are to investigate offences in consultation with the prosecuting authority. • A forensic department is operated in connection with the office of the Commissioner of the Metropolitan Police in Reykjavik to carry out special investigations, and this serves all police administrative areas. • The National Commissioner is in charge of economic crime investigations, with a department for this category that covers the whole country.

  38. Investigative Powers • Police are authorised to arrest any person if there are grounds to suspect that he has committed an indictable offence. • Police are not empowered to arrest witnesses and take them in for questioning – in such a case the police are obliged to apply for an arrest warrant from a judge. • Items may be seized by the police if they are reasonably believed to be of evidential value in a criminal case among other things. The term “items” here also covers documents. • Police may carry out a body search of a suspect if this is deemed necessary in order to remove from him evidence or items to be seized.

  39. Investigative Powers, continue .... • Police may search the premises of a suspect, his storage places, repositories, ships and other transport conveyances in the purpose of arresting the suspect, investigate the scene of a crime, or obtain items or evidence to be seized. • Fingerprints and photographs may be taken of a suspect for investigative purposes. • Court orders are required in order to tap or record telephone conversations or other forms of telecommunication.

  40. International Contacts and Cooperation • Four main channelsbetween the International Department of the National Commissioner’s office and overseas authorities: • Interpol • Europol • PTN (Politi og Told i Norden – e. Police and Customs in the Nordic countries) • Direct contact with regional police authorities in the Nordic countries • Iceland also participates in a fifth forum: Baltcom (Baltic Cooperation)

  41. International Contacts and Cooperation, continue .... • Cooperation in Police Matters: European Convention on Mutual Assistance in Criminal Matters from 20 April 1959. • Cooperation in Customs Matters: Protocol 11 of the EEA (European Economic Area) Agreement on Mutual Assistance in Customs Matters. • Most of the work of the International Department of the National Commissioner involves contact with Interpol, covering a wide variety of cases and the exchange of information. • The department investigates the records and identities of foreign nationals; this involves data searches in other states, e.g. in the centralised database Eurodac. The department also answers queries from abroad about applicants for asylum in the Schengen Area.

  42. Thank you for your attention

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