Croatian punitive system
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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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Croatian punitive system

CROATIAN PUNITIVE SYSTEM

EDUCATIONAL REHABILITATION FACULTY, 2009

JURE ŽULJ, univ.spec crim.


Croatian punitive system

  • 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


Genaral purpose of sanctions

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


Criminal legal sanctions

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)


Alternative sentences

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.


Sentence

SENTENCE

  • 4 FUNCTIONS:

  • Intimidation (specific, general )

  • Disabling (closedown )

  • Retribution (punishment according to desert )

  • Rehabilitation (changing the perpetrators, behavior modifying)

    PREVENTION

  • General

  • Special


Purpose of prison

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)


Who is located in the penal institutions

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)


Some internal legal sources

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


Some international regulations

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.)


Prison system

PRISON SYSTEM

Organization


Croatian punitive system

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


Croatian punitive system

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,


Prison

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 )


Correctional facilities

CORRECTIONAL FACILITIES

  • EDUCATIONAL/CORRECTIONAL MEASURES

  • 2 INSTITUTIONS

    - TUROPOLJE

    - POŽEGA


C omparison by security levels

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


Maximum security prisons

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


Croatian punitive system

ENFORCEMENT OF PRISON SENTENCE PROCEDURE


Reception of p risoners

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,


Deparment of diagnosticsand programming

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


Accommodation and food

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


Prison population

PRISON POPULATION

Distribution of prisoners regarding recidivism

Year total returnees %


Croatian punitive system

STRUCTURE PRISONERS BY CRIME 2006. AND 2007.


Croatian punitive system

STRUCTURE OF PRISONERS BY THE LENGTH OF SENTENCES ON THE DAY

31.12.2006. AND 2007


Order and safet y

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


Special measures maintaining oreder and security

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.


The prison conducts the following under authorization by the prison physician

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


Applied security measures in 2008 in prison system

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


Disciplinary m easures

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…)


Type s of pressure apllied to inmates

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


Procedures for arrest and defence techniques

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


Application of batons

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


Application of water jets and chemical

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 )


Application of fire arms

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


Human resource

HUMAN RESOURCE


Croatian punitive system

DATA ABOUT EMPLOYEES FROM REPORTING 2007.


Job requierments for security officers

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


Profession al ranks

PROFESSIONAL RANKS


Official id and authorization s

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


Cooperation with other goverment bodies and organization s

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)


Capacity

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


Croatian punitive system

CROWDING


Consequences of over crowding

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…


Attempts to solve the problem of overcrowding

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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