CRIME STATISTICS IN THE REPUBLIC OF POLAND

1. The essentials of Polish criminal law Constitution of the Republic of Poland of April 2, 1997 (Journal of Laws No. 78, item 483) Criminal Code of June 6, 1997 (Journal of Laws No. 88, item 553 with subsequent amendments) Criminal Proceedings Code of June 6, 1997 r. (Journal of Laws No. 89, item 555 with subsequent amendments Executive Criminal Code of June 6,1997 (Journal of Laws No. 90, item 557 with subsequent amendments) Treasury Penal Code of September 10, 1999 (Journal of Laws No. 83, item 930 with subsequent amendments) Misdemeanours Code of May 20,1971 r. (Journal of Laws No. 12, item 114 with subsequent amendments) Law on Proceedings Involving Juveniles of October 26, 1982 (Journal of Laws of 2002 No. 11, item 109 with subsequent amendments) Law on Key Witness of June 25, 1997 (Journal of Laws No. 114, item 738 with subsequent amendments) The legal basis of crime statistics Law on Public Statistics of June 29, 1995 (Journal of Laws No. 89, item 439 with later amendments) Executive acts: Regulation of the Cabinet regarding program of public statistics survey Regulation of Prime Minister providing instructions on filling out statistical forms, Ordinance of the Minister of Justice of December 12, 2003 on organization and the scope of activity of court secretariats and other branches of court administration, Ordinance of the Minister of Justice of June 23, 2003 on organization and the scope of activity of secretariats and other branches of prosecutor’s office administration, Law on State Criminal Record of May 24, 2000 (Journal of Laws No. 50, item 580 with later amendments Ordinance of the Chief of the Police No. 350 of July 1, 2003 r. on collecting, processing and compiling of crime statistics, suicidal attempts and cases of drowning, Ordinance of the State Prosecutor of June 30, 2003 on creation the Computer System in Prosecution Office CRIME STATISTICS IN THE REPUBLIC OF POLAND

2. PROSECUTION Police District Court Regional Court Court of Appeal Supreme Court President of the Republic of Poland 4 5 5 2 3 1 7 1 3 2 4 7 6 6 The Process of Criminal Proceedings Under Polish law 1st instance for crimes and misdemeanours 1 st instance for crimes 2 nd instance for criminal cases heard at the district court as in the 1 st instance court 2 nd instance for criminal cases heard at the regional court as in the 1 st instance court Cassation – written statement of appeal from the decision or certain decisions of a court of 2 nd instance Prerogative of mercy - the common courts’ operation

3. Sources of data of crime statistics * Police EXTERNAL AND INTERNAL RECEIVERS OF STATISTICAL DATA MINISTRY OF JUSTICE DIVISION OF STATISTICS Prosecution Judiciary KRK Prison System 5 1 2 6 3 7 4 the course of criminal case the course of statistical data KRK State Criminal Records * Statistical data deriving from different areas for certain period refer to different groups

4. The Police applies the Police Statistical System of Crimes „TEMIDA” Data from the system is passed to the Division of Statistics by paper printouts or analytical reports Since Police is subordinated to the Ministry of Internal Affairs and Administration the statistical data are also passed directly to the external receiver (not through the Ministry of Justice) Police EXTERNAL AND INTERNAL RECEIVERS OF STATISTICAL DATA MINISTRY OF JUSTICE DIVISION OF STATISTICS Prosecution Judiciary KRK Prison System 7 4 1 2 5 1 3 6 2 POLICE Data available by TEMIDA system: 1. On preparatory proceedings: • instituted for the first time, • resumed, • reopened, • excluded, • completed, On proceedings at certain stage : • discontinued without decision on instituting proceeding, including proceedings discontinued because of undetected delinquents and registered in crime record, • passed on to other authorities of Republic of Poland or to foreign authorities dealing with justice, • juvenile proceedings. 2. On crimes ascertained in completed preparatory proceedings. 3. On prohibited acts committed by mentally incapable person or juvenile under 13. 4. On suspected of crimes and juvenile delinquents. 5. On victims of crimes. 6. On suicide attempts. 7. On cases of drowning or rescue of drowning person.

5. Data from district, regional and appellate prosecutor’s offices: records of crime cases, mediation proceedings, preventive measures used in preparatory proceedings, complaints against the decision of prosecutor conducting the preparatory proceedings which were considered by the prosecutor supervising this proceedings, suspension of preparatory proceedings, property secured in proceedings completed with indictment, completed preparatory proceedings, appeals in criminal cases, prosecutor’s participation in court proceedings, cases of prohibited acts committed by collective entities. Data from prosecutor’s office is passed on to the Division of Statistics through the computer system Prosecution Statistics and by paper forms These data is derived from all levels of prosecutor’s offices (i.e. district, regional and appellate – aggregated in report tables) Statistical data is collected twice a year (in the middle of the year and for the entire year) Police EXTERNAL AND INTERNAL RECEIVERS OF STATISTICAL DATA MINISTRY OF JUSTICE DIVISION OF STATISTICS Prosecution Judiciary KRK Prison System 7 1 2 4 3 5 6 3 PROSECUTION

6. Data from courts is passed to the Division of Statistics through the computer system Court Statistics and by paper forms These data is obtained from all levels of courts (district, regional and appellate – aggregated in report tables) Statistical data is collected twice a year (in the middle of the year and for the entire year) Statistical data regarded crime statistics provided by the courts: record of crime and misdemeanour cases (incoming cases, solved cases, unresolved cases), period of time since entry of case to the court to the date of first hearing, the number of unresolved cases left from the first income of the case, motions regarding international proceedings in crime cases, court decisions on applying the preventive measures, period of time between decision in 1st and 2nd instance in cases subject to appellation, number of judgments in crime cases of 1st instance by types of crime and type of judgment, initiated proceedings and valid verdicts on misdemeanour cases by types of offence, records of appeal proceedings, served penalties excluding penalty of imprisonment which is executed by prison service. Police EXTERNAL AND INTERNAL RECEIVERS OF STATISTICAL DATA MINISTRY OF JUSTICE DIVISION OF STATISTICS Prosecution Judiciary KRK Prison System 7 1 2 4 3 5 6 4 JUDICIARY

7. The Computer System of State Criminal Records (KRK) keeps record of courts’ valid verdicts concerning person who: against whom proceeding in crimes or treasury crimes was discontinued by a valid verdict under amnesty, convicted by a foreign court, toward whom the penalty or punitive measures is carried out in the Republic of Poland, wanted by a arrest warrant, preliminary arrested. KRK is run by The Information Bureau of State Criminal Records which is the unit of the Ministry of Justice. Every citizen and entity is entitled to a criminal record check at the State Criminal Records. The information is also available to employers – to the need for recruitment purposes, in respect to clear criminal record or special authorizations requirements. KRK passes only statistical data – properly organized and without personal identification. KRK provides the Division of Statistics with the following statistical data referring to persons: sentenced with a valid sentence for crimes or treasury crimes, against whom the crime proceeding was conditionally discontinued, against whom the security measures was applied in crimes or treasury crimes, minors against whom educational, corrective or therapeutic measures was adjudicated or minors who were sentenced on the basis of art.. 13 or 94 of Law on Proceedings Involving Juveniles, dated 26 X 1982, convicted for misdemeanour on the penalty of arrest, minors placed in home for detained juveniles. KRK contains also the information about collective entities against whom a fine, forfeiture, ban sentence has been issued or made public. Police EXTERNAL AND INTERNAL RECEIVERS OF STATISTICAL DATA MINISTRY OF JUSTICE DIVISION OF STATISTICS Prosecution Judiciary KRK Prison System 7 1 2 4 3 5 6 5 STATE CRIMINAL RECORDS (KRK)

8. The computer system NOE based on Convicted and Temporary Arrested Files was created for keeping record of persons deprived of liberty. The NOE System provides the Division of Statistics with the following statistical data: number and the structure of population of convicted put in penal institutions by types of crime committed, punishability, substitutive penalty, age, gender, information on employment of convicted and preliminary arrested, information on education of convicted, number of permits given. Police EXTERNAL AND INTERNAL RECEIVERS OF STATISTICAL DATA MINISTRY OF JUSTICE DIVISION OF STATISTICS Prosecution Judiciary KRK Prison System 7 1 2 4 3 5 6 6 PRISON SYSTEM

9. According to the Organizational Statue of Ministry of Justice the main objectives of Division of Statistics are: organizing, coordination and supervising the statistical statements of the activity of courts, prosecutor’s offices, notaries public and court executive officer, collecting, compiling and analyzing of statistical data referring to the department’s activity; running of computer base of statistical data, presenting and disseminating of statistical survey results in a department’s yearbooks, participation in creating a public department’s statistics, defining the guidelines to the computer systems collecting statistics. Police EXTERNAL AND INTERNAL RECEIVERS OF STATISTICAL DATA MINISTRY OF JUSTICE DIVISION OF STATISTICS Prosecution Judiciary KRK Prison System 7 6 5 3 7 2 1 4 DIVISION OF STATISTICS (1) The Division of Statistics within the Ministry of Justice is the basic organizational unit responsible for collecting, compilation and presentation of statistical data regarding the activity of the Polish justice including crime statistics The main task of the Division of Statistics is the collection of data from organizational units preparing analysis Division of Statistics runs partially computerized base of activity of Justice

10. The statistical data collected in Division of Statistics are compiled as reports and analysis made ad hoc, presented in semi-annual publications and in Statistical Yearbook of Central Statistical Office. Besides information is presented in Internet and Intranet. The computer archive on valid courts’ verdicts adjudicated since 1946 is also placed in Division of Statistics. Police EXTERNAL AND INTERNAL RECEIVERS OF STATISTICAL DATA MINISTRY OF JUSTICE DIVISION OF STATISTICS Prosecution Judiciary KRK Prison System 7 6 5 3 7 2 1 4 DIVISION OF STATISTICS (2) The statistical data on crime derive from: • the Police Crime Statistical System „TEMIDA”, • public prosecutor’s offices, • 1st instance courts and appellate courts, • the State Criminal Record on valid courts’ verdicts, • prison system.