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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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Criminal justice reform

Criminal Justice

Reform

Speaker: Otar Kakhidze

Date: 17.05.2012


Before reforms took place

Before Reforms took place

Organized Crime – “Thieves-in-Law”

2003

Corruption in law enforcement system

Lack of Rule of Law

Impunity Syndrome


Organized crime

Organized Crime

Criminal Mentality

No Cooperation with Law Enforcement

Control over the Prisons

Pressure on Businesses

Influence on Political Processes


Criminal justice reform

Organized Crime

“Thieves’ World”

So called

“Communal Fund of Thieves”. “Obshyak”

Own “Laws”

“Thieves -in-law” Pyramid

Control Over:

Prisons

Business

Government officials

Crime


Georgian thieves in law among former soviet union countries 2003

Georgian Thieves-in-Law among Former Soviet Union Countries(2003)

Organized Crime


Criminal justice reform

Organized Crime

Prisons


Low salaries

Low Salaries

Corruption

Policeman

Bribe to get a job

Prosecutor

15000 $

5000 $

10 000 $

Admission to the Faculty of Law

7


Reforms

Reforms

HR policy

Zero Tolerance Policy

Structural Reform

Emending Legislation


Criminal justice reform

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


Increased salaries

Increased Salaries

HR Policy

500 – 2000 $

Judge

2010

2006

Prosecutor

2004

2000

Investigator

15 – 60 $

10


Criminal justice reform

HR Policy

New System of Tests & Trainings for Interns

Systematic Trainings of Prosecutors

Tests

Tests

Tests

Training

Personnel Database

Appointment

Promotion


Criminal justice reform

Structural Reform

Prosecutor-Investigator

Prosecutor

  • 257

  • 711

Prosecution Service of Georgia

  • 46

  • 333

Penitentiary Prosecution

Military Prosecution

Transport Prosecutor’s Office


Amendments in legislation

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


Criminal justice reform

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)


Prosecution of thieves in law

Prosecution of Thieves-in-law

Zero Tolerance Policy

Total 173


Criminal justice reform

Criminal Justice System Reform

Illegal Property Returned to the State Budget

1,4Billion Gel

0,4

Billion Gel

1Billion GEL

Tskneti

Kutaisi

Tsalenjikha

Telavi


Zero tolerance policy

Zero Tolerance Policy

Prisons Today

Prisons Before

17


Criminal justice reform

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


Criminal justice reform

Procedural Agreement Statistics

Procedural Agreements

Content Consideration

Total of Sentences


Criminal justice reform

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


Community work

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


Criminal justice reform

Coordination

Local Coordination Council


Criminal justice reform

Witness and Victim Coordination Agency

Detailed information about the legal proceedings

Organization of meetings with prosecutor

Instructions about the rights and duties


Integrated criminal case management system iccms

Integrated Criminal Case Management System (ICCMS)


Criminal justice reform

Criminal Justice Reform Results

The comparison is done only with 8 crimes researched in 1992-2011.

25


Criminal justice reform

Criminal Justice Reform Results

  • The assessment of the authority of “thieves in law” over the last five years

26


Criminal justice reform

Criminal Justice Reform Results

27


Criminal justice reform

Zero Tolerance Policy – Survey Results

Cooperation with Investigation

Question:If you were a witness of crime, would you cooperate with the investigation?


Criminal justice reform

Results of Criminal Justice Reform

  • Assessment of General Criminal Situation in Georgia


Prison population 2000 2008

Prison Population (2000-2008)

Zero Tolerance Policy


Criminal justice reform

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


Criminal justice reform

Reforms Continue ...

Thank You for Your Attention!


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