A comparison of crimes ascertained in 1998 and 1997 reveals that the Czech Police (CP) recorded a total of 425 930 crimes (+5.5 %, +22 276 crimes) in 1998, the highest number of crimes ascertained since 1990.
Changes in the number of crimes
Increased crime was substantially influenced by crime in Prague, where 114 070 ( 9.4 %, +9 829 crimes) were ascertained. Prague therefore accounts for 44 % of the overall increase in crime in the Czech Republic. Prague accounts for 27 % of all crimes ascertained and for a high proportion of the increase in property (54 %) and economic (43 %) crime.
In 1998, there were 414 crimes ascertained for every 10 000 inhabitants of the Czech Republic (392 in 1997). After calculating the incidence of crime per 10 000 inhabitants, Prague accounts for more than double the number of crimes (950 crimes).
A positive factor in evaluating police work is a sustained increase in the number of crimes cleared up to 185 093 (+9.4 %, +15 916 crimes) and the percentage for the detection rate (the ratio of crimes cleared up and ascertained), which reached 43.5 % (+1.6 %, 31.7 % in 1993, while the detection rate for crime against property is around 26 %, and the detection rate for violent crime, economic crime and moral crime is around 80-90 %.
A negative trend continued in increasing damage ascertained and a fall in damage insured. The level of damage ascertained rose to CZK 33 474 534 thousand (+13.1 %, + CZK 3 870 672 thousand). CZK 20 988 479 thousand (+21.6 %) of the increase to damage ascertained came from economic crime, which accounts for 62.7 % of the total amount of damage (in terms of long-term trends, this is more than double the proportion for 1993, 28.9 %), while in terms of the number of crimes ascertained, economic crime accounts for 8.5 % of total crime. For crimes against property, the level of damage was CZK 11 461 213 thousand, accounting for 34.2 % of total crime (a 31.7 % fall on 1993). Damage insured fell to CZK 317 407 thousand (-12.6 %, - CZK 45 958 thousand).
The number of crimes rose in all the crime categories monitored
The proportions of individual kinds of crime to the total number of crimes ascertained have not changed significantly. The proportion of property crime to total crime fell moderately to 73.8 % (-1.5 %). The proportion of economic crime to total crime total increased slightly to 8.5 % (+1.0 %), while the proportion of violent crime, 5.5 % (-0.2 %), and moral crime, 0.7 % (+0.2 %), to total crime is constant. In terms of long-term trends, there has been a reduction in the proportion of burglary (-9.6 % on 1993) and an increase in the proportion of economic crime (+3.9 % on 1993) in the crime structure.
A negative factor is a rising trend for murder (+7.6 %, +22 crimes, compared with 1993 +12.6 %, +35 crimes). There are also rising trends for the illicit production and distribution of psychotropic substances and poisons (+72.9 %, +1 753 crimes, a rise of +1 715.3 %, +3 928 crimes since 1993), infringements of copyright (+154.8 %, +1 006 crimes, i.e. +1 050 %, +1 512 crimes since 1993) and obstructing the execution of an official decision (+20.3 %, +1 538 crimes, since 1993 there was an increase of 5 437 crimes, +255.7 %). In common theft, a marked rise in the number of crimes ascertained of theft from cars continued (+8.8 %, +5 679 crimes, +49 %, +23 072 crimes since 1993). The CP recorded a total of 3 655 crimes with weapons, which implies a growth trend since 1995, when it recorded 3 072 such offences (3 980 in 1994.
In terms of the number of crimes ascertained per 10 000 inhabitants, Prague remains the region most affected, with 950 offences, followed by Central Bohemia with 474. East Bohemia (252 offences), South Moravia (276 offences) and South Bohemia (299 offences) continue to display the lowest crime per 10 000 inhabitants.
The negative trend for crime in Prague, where the CP recorded a total of 114 070 ascertained crimes, continues. Prague accounts for 27 % of all offences ascertained in the Czech Republic. While in 1997 (compared with 1996) the number of offences ascertained rose by 5.2 % (+5 134 offences), in 1998 (in comparison with 1997) there was a rise of 9.4 % (+9 829 offences). Prague accounts for a high proportion of the rise in property (54 %) and economic (43 %) crime. There were substantial increases in the number of offences ascertained for theft from cars, murder, fraud, tax evasion, the illicit production and possession of psychotropic substances and poisons and infringements of copyright. A positive factor is the rise in the number of offences cleared up (+20.7 %) and the detection rate (+2.8 %), which reached 30.2 % (in 1993 the detection rate was 18.2 %).
The highest percentage increase and the second highest increase in the absolute number of offences ascertained (+11.2 %, +5 278 offences) was in Central Bohemia. In terms of the level of incidence, Central Bohemia therefore became one of the four regions most at risk in the Czech Republic, moving North Bohemia down to fifth place - until 1995 the latter was one of the three most regions most at risk in the Czech Republic. This trend, with Central Bohemia moving ahead of North Bohemia, was also apparent in the number of crimes ascertained per 10 000 inhabitants, with Central Bohemia in second place with 474 offences and North Bohemia third with 436. Crime against property is a problem in Central Bohemia, with an 8.8% increase the highest in the Czech Republic. Burglary also increased here (+3.7 %), contrary to trends for the country as a whole, where there was a decrease. Central Bohemia was the only region to record a slight fall in violent crime (-1.9 %).
Crime trends in Prague result from the situation typical for a large conurbation - a high population density, extensive housing estates, anonymity, a concentration of potential criminal elements and persistent offenders (30.2 % of offences cleared up here were committed by persistent offenders), a large number of shops and institutions, etc. In terms of the security situation, developments in Central Bohemia are affected by the proximity of Prague, especially by crime being driven out of Prague.
In North Bohemia and North Moravia, following a stagnation in overall crime trends in 1997, there was again a rise in the number of offences ascertained. After Prague and Central Bohemia, both regions are the most affected in terms of the number of offences ascertained per 10 000 inhabitants.
In total, members of the Uniformed Police Service ascertained 1 131 606 (+126 903) misdemeanours under CNC Act No. 200/90 Coll. on misdemeanours, as subsequently amended. The most misdemeanours, displaying the highest increase, were in traffic safety and flow (according to § 22 of the act cited), with 796 886 (+89 674) recorded, 70.4 % of all misdemeanours ascertained by members of the Uniformed Police Service. There were 149 899 (+20 710) public order and civic life misdemeanours (§§ 47 to 49 of the act cited), 135 600 (+9 277) misdemeanours against property (§ 50 of the act cited) and 20 628 (3 339) misdemeanours concerning alcoholism and drug abuse.
In the year monitored, the CP recorded 129 271 persons (+10 876, +9.2 %) suspected of crimes in the Czech Republic. The number of male offenders (aged 18 or more) questioned for offences was 97 676, i.e. 75.6 % of the total number of offenders, while there were 12 222 women (aged 18 or more), i.e. 9.5 % of the total number of offenders. The police recorded a total of 90 511 first-time offenders and 44 234 offenders aged 20-30 (this age category features the strongest population years, 1970-1975), which means that offenders in this age category account for 34.2 % of the total number of offenders recorded.1
The Czech courts2 convicted a total of 54 083 persons (-5 694 persons, -9.5 %). This indicator in particular reflects the influence of the amnesty by President of the Republic on 3 February 1998. In total, 4 055 persons committed crimes under the influence of alcohol (7.4 %) and 341 under the influence of other addictive substances (0.6 %). In comparison with preceding years, there was a fall in the number of offenders who committed crimes under the influence of alcohol and a moderate increase in the number of persons who committed crimes under the influence of other addictive substances. 22 938 persons (42.4 %) were convicted of crimes against property, 5 819 (10.7 %) were convicted of traffic offences and 2 127 (3.9 %) offenders were convicted of violent crimes.3
In the structure of sentences, suspended prison sentences dominate (33 058 convicted offenders - 61.1 %). Prison sentences were imposed on 14 657 offenders (27.1 %) and separate pecuniary punishments on 2 634 persons (4.8 %). Sentences ranging from 5 to 15 years were imposed on 702 persons (4.7 %), exceptional sentences from 15 to 25 years on 18 persons and one person received a life sentence.
At 31 December 1998 there were 7 125 (-611) accused persons in custody and 14 942 (+1 118) convicted offenders in prison, in total 22 067 (+507) prisoners. Of these 22 067 prisoners, 17 663 (+1 375) were Czech nationals, 3 046 (-278) were foreign nationals and 1 358 (-590) prisoners had not received a decision on Czech or Slovak nationality.
2.3.1. Criminal activity by persistent offenders
In the year monitored, the CP prosecuted 37 095 (+3 363) persistent offenders for 64 217 (+3 205 offences, +5.3 %) offences cleared up. In the structure of offenders, persistent offenders (28.7 %) accounted for almost the same proportion as in 1997 (28.5 %). In total, persistent offenders committed 64 217 crimes, i.e. 15.1 % of all crimes recorded. Their share in the types of crime demonstrates their orientation. The most crimes committed by persistent offenders are crimes against property (35 733 offences; +2.9 %, +1 019 offences), while the number of economic crimes committed fell (7 378 offences; -5.2 %, -401 offences). There was a marked rise in the number of moral offences (720 offences; +23.3 %, +136 offences) and instances of malicious bodily harm (1 867 offences; +3.4 %, +62 offences) where the offender was a persistent offender. Persistent offenders committed a total of 830 crimes with weapons, i.e. 22.7% of the total number of offences committed with weapons.
Of the total number of convicted persons, the courts designated 9 582 as persistent offenders, i.e. 17.7 % (10 020 persistent offenders in 1997). Persistent offenders were most often convicted of crimes against property - 4 559 persons (47.5 %).
2.3.2. Criminal activity by foreign nationals
In the year monitored, the CP prosecuted 7 698 (+717) foreign nationals, 6.0 % (+0.1 %) of the total number of persons prosecuted. 1 402 foreigners (c.18 % of the total number of foreigners prosecuted) were prosecuted for economic crime, 1 382 (c.18 %) for common theft and 1 088 (c.14 %) for the offence of obstructing the execution of an official decision.
In total, foreign nationals prosecuted and investigated committed 12 935 (+1 735) offences cleared up, i.e. 6.8 % of the total number of offences cleared up. The number of violent crimes (1 363; +151 offences, +12.5 %), moral offences (168; +31 offences, +22.6 %) and economic crimes (3 195; +1 480 offences, +86.3 %) rose, while the number of crimes against property where the offender was a foreign national fell (5 277, -303 offences, -5.4 %). The number of murders where the offender was a foreigner increased substantially (57; +119.2 %, +31 offences); foreigners often commit violent crimes within their own ethnic groups. The CP recorded 1 276 offences of obstructing the execution of an official decision where the offender was a foreign national (most frequently for failure to comply with prohibitions on residence), i.e. 16.9 % of the total number of such offences cleared up.
The CP prosecuted the highest number of foreigners in Prague (1 694; +296 persons). With 11.5%, Prague has the highest percentage of foreigners in the total number of offenders of all the regions in the Czech Republic. The largest percentage increases in foreigners prosecuted were in Central Bohemia (+38.8 %) and West Bohemia (+32.3 %). There were reductions or no change in the number of foreigners prosecuted in North Moravia (-1.1 %), North Bohemia (+0.6 %) and South Bohemia (+0.9 %).
In total 2 714 foreigners were convicted, i.e. 5.08% of the total number of persons convicted. Foreigners were most often convicted of the crime of obstructing the execution of an official decision (297 persons) and theft (270 persons).
2.3.3. Criminal activity by juveniles
In the year monitored, the CP recorded 8 824 (-4.3 %) child offenders (aged up to 15) and 10 549 (-5.2 %) juvenile offenders (aged 15-18). The proportion of children in the total number of offenders was slightly lower (-1.0 %) at 6.8 %, and the proportion of juveniles also fell (-1.2 %) to 8.2 %. Of the total number of child offenders, re-offending was recorded for 37.3 %, and for 7.9 % of juveniles. Child offenders still account for a high proportion of the total number of offenders for arson, (57,6 %; -2,7 %), breaking and entering (16,5 %; -1,3 %), theft from cars (15,3 %; -1,2 %) and robbery (10.1 %; +0.6 %). The proportion of juveniles to total offenders is highest for theft from cars (22.3 %; -2.5 %), car theft (22,1 %; -2,5 %), breaking and entering (15,8 %; -0,6 %) and robbery (15.8 %; -2.2 %). Juvenile crime is marked by brutality and aggression and is often committed in groups. It is mainly influenced by dysfunctional families, gangs of peers, truancy, but also by the use of alcohol of other addictive substances. A range of negative factors usually has a cumulative influence. A further problem is that criminally responsible persons use juveniles to commit crimes - for the most part, it is not possible to demonstrate indirect offending in criminal proceedings, nor is the criminal responsibility of adults, who by breaching their duties aid or abet crime by children and juveniles, thoroughly deduced. A range of discussions connected with juveniles concerns the revision of the Family Act and the State Prosecutor Act, or the Civil Procedure Code, for preventative rehabilitation, the preventative role of punishment, alternative custody for juveniles, preparatory proceedings, etc.4
Children committed 11 999 (-0.7 %) and juveniles 16 730 (-12.6 %) crimes. Juvenile crime5 is aimed particularly at crimes against property. A warning signal is the approximation of the number of crimes committed by children and juveniles, above all for violent crime (children committed 1 276 offences, juveniles 1 334 offences) and theft from cars (2 567 offences, 2 754 offences). In comparison with 1997, there was little change for the number of violent crimes (-4.7%), while the number of burglaries (-9.1 %) and thefts from cars (-9.0 %) committed by children was lower. The police also recorded a reduction in the number of violent crimes (-10.9 %) and crimes against property (-12.2 %) committed by juveniles. In the long term (if we compare the number of crimes cleared up in 1993 and 1998), there was a marked increase in the overall number of crimes (+48.6 %, +3 925 offences), violent crimes (+133.7 %, +730 offences) and crimes against property (+31.8 %, +2 248 offences), of which theft from cars 147.1 % (+1 528 offences), committed by children. The rise in murders (on 1997) committed by juveniles is alarming - they committed a total of 16 murders (+100 %, +8, there were the most murders, 21, in 1994), and children 2 murders. Children committed 193 offences concerning the unauthorised production and distribution of psychotropic substances (i.e. 4.6 % of the total number of such offences recorded) and juveniles 320 (i.e. 7.7 %). In total, juveniles committed 224 offences with weapons, i.e. 6.1 % of the total number of crimes committed with weapons (this is the lowest proportion since 1994, when it was 8.4 %).
When converted to offences per 10 000 children, in the Czech Republic there were 67 offences in 1998 (66 offences in 1997, when they committed 87 offences more in total). When converted to offences per 10 000 juveniles, in the Czech Republic there were 416 offences in 19976, the same as in 1994, when however juveniles committed more crimes (+3 021 on 1997).
The background for the emergence of subsequent criminal activity is also created by crimes committed on young people (5 657 instances; +271), which despite a fall in 1997 display a steady upwards trend. The most serious cases were the sexual abuse of children (1 385 offences; +419 offences), jeopardising the ethical upbringing of young people (683 offences; +166 offences) and the maltreatment of a ward (134 offences, -17 offences). These offences are most often committed in the family, by family members themselves or by persons in the same household as the injured party. A large proportion of offences is reported belatedly and has been committed over a considerable period of time. This makes them difficult to prove and is evidence of a high level of latency.
In total 4 605 juveniles were convicted (8.5 %). Juveniles were must often convicted of crimes against property - 2 175 persons (47.2 % of the total number of juveniles convicted).
The Ministry of Education7 has set up the office of coordinator and methodologist for preventative activities against negative social phenomena at each education authority. In 1998, implementation began on a minimal preventative programme for schools and education facilities concerning the abuse of addictive substances, entitled Drug-Free Schools. The Ministry of Education anticipates a preventative effect, obviating unemployment as a risk factor for young people, in connection with the introduction of a new subject, careers or training in personality skills. As the level of crimes committed by young people and crimes committed on young people remains alarming, the Ministry of Education has issued a methodical guideline, Cooperation by schools and pre-school facilities with the Czech Police in the prevention and investigation of crime by children and young people and crime committed on children and young people , one aim of which is to call for optimum cooperation by schools with the relevant police authorities where there are the most specific problems, and it is also concerned with teachers’ reporting duties in connection with the KAN syndrome among sexually abused and maltreated children. The Ministry of Labour and Social Affairs, whose priority is young people at threat from or already affected by sociopathic factors, continued the methodical guidance of terrain social workers for work with young people, in permanently increasing the competence of those workers, bringing them towards probation officers working with adults (especially with offenders). Under a Ministry of Labour and Social Affairs initiative, half-way houses are being set up, with eleven operating in the Czech Republic at present (at 30 April 1999). One of the Prison Service’s priorities is also crime prevention for young people, involving e.g. the modification of daily regimes and education programmes (e.g. convicted juveniles took final apprenticeship examinations in 6 subjects).
The Ministry of the Interior’s inspectorate recorded an increase in the number of policemen prosecuted and of crimes ascertained. This data only concerns offences committed by policemen which have been investigated and cleared up. In view of the considerable latency of crime among policemen, this does not reveal the true incidence of crime among policemen.
Following a temporary reduction in 1997, there was an increase in the number of policemen prosecuted and of crimes ascertained to the 1996 level. In total, the Inspectorate investigated and cleared up 373 offences (+30.0 %, +86 offences), committed by 306 members of the Czech Police (+25.0 %, +61). There were 8.3 offences per 1 000 policemen (6.4 in 1997) and 6.9 ascertained offenders (5.4 in 1997). Investigations were concluded in 206 cases, of which 145 by means of bringing charges (Code of Criminal Procedure, § 166).
The ratio of police offenders in NCO (218 offenders, +63) and officer (88 offenders, -2) ranks remained stable at 71.2 : 36.7. The largest groups were policemen aged up to 29 (157 offenders) and 30 - 39 (73). This is also related to length of service in the Czech Police. The most offences were committed by policemen with less than 5 years’ experience (156 offences, +26 offences) and 5 - 10 years’ experience (134 offences, +67 offences). The category of prosecuted policemen with a shorter period of service is to a large extent identical to the category of offenders aged 20 - 29. The cause is especially young policemen’s lack of experience of life and work and their lower resistance to various unlawful offers. The ratio of offences committed off duty to offences committed on duty rose (208 : 165, in 1997 the ratio was balanced at 146 : 141).
The Ministry of the Interior’s Inspectorate found that the highest numbers of police offenders remain in the uniformed police (159, +47), transport police (40, +4) and foreigners’ and border police (30, +10). The number of police offenders in the crime service fell from 33 in 1997 to 21 in 1998.
In the structure of offences committed by policemen, abuse of the power of a public official remains dominant, with 109 offences meaning a further increase, by 23 offences on 1997. There was a marked increase in actual bodily harm, with 24 offences (+8 offences) and traffic offences (from 46 to 55 offences). There was a marked reduction in fraud offences, from 36 in 1997 to 12 in 1998.8
In total, 98 members of the CP were convicted, i.e. 0.1% of the total number of persons convicted. They were most often convicted of abusing the power of a public official according to § 158 of the Criminal Code (36 offenders) and actual bodily harm owing to negligence according to § 224 of the Criminal Code (15 offenders).
The number of cases of suspicion of offences committed by members of the Czech Army (CA), investigated by the Military Police (MP) was comparable with 1997, with a total of 6 200 cases (-2 %). In over 95 % of cases, the offenders were soldiers on national service, which means that there are 167 offenders for every 1 000 national servicemen. The MP investigated a total of 12 offenders for every 1 000 professional soldiers.
Among military offences, the MP investigated 319 cases (+54) of the infringement of soldiers’ rights and protected interests, so-called chicanery (§§ 279a and 279b of the Criminal Code). This crime accounted for c.5 % of total crime committed by members of the CA.
The MP noted an increase in crimes against property investigated, particularly for the crimes of misappropriation (+30 %) and fraud (+50 %), while there was a reduction for theft (-9 %).
The MP investigated 58 cases where crimes of unlawful arming were suspected. In 10 cases this involved the serious theft of armaments (RG F - 1, pistols, machine guns, etc.), while the remaining cases involved the misappropriation of engineering equipment, ammunition, imitation materials, etc. 189 persons (+75) were investigated on suspicion of possession or distribution of drugs, predominantly in connection with the use of marijuana, while the use of pervitin was ascertained for 10 % of offenders. The MP recorded 333 traffic accidents caused by service vehicle drivers, during which 1 soldier on national service lost his life.9
In total, 2 260 members of the Czech Army were convicted (4.1 % of the total number of persons convicted). They most often committed the crime of absence without leave according to § 284 of the Criminal Code - 490 persons (21.6 %) and desertion according to § 282 - 233 persons (10.3 %).
An investigation of the Customs Administration’s control departments ascertained 117 cases of suspicion of crimes connected with the discharge of duty. Reports were filed with the law enforcement authorities for 72 customs service employees. They involved in particular suspicion of the abuse of the power of a public official (§ 158), acceptance of bribes (§ 160), the joint perpetration of or participation in the evasion of taxes, fees and similar compulsory payments (§§ 9 or 10).10
A total of 386 (+68) members of the Prison Service (PS) were investigated on suspicion of committing crimes while on and off duty. According to § 159 paragraph 1 of the Criminal Code, cases were adjourned for 267 (+60) PS members and transferred for disciplinary proceedings for 60 (+9) PS members. Prosecution was halted for 6 (-1) PS members, 19 (+1) were accused and investigations continue for 34 (+10). In 1998, criminal proceedings were commenced for 19 (+12) civilian PS employees, of which cases were adjourned for 7 (+5), 3 (+1) were accused and for 1 (0) the case was transferred for misdemeanour proceedings.
The courts convicted 16 members of the Prison Service (0.02 %). Most frequently, this involved abuse of the power of a public official according to § 158 of the Criminal Code, actual bodily harm owing to negligence according to § 224 of the Criminal Code and breaching the guard service regulations according to § 286 of the Criminal Code.
To date, information on victims of crime in the Czech Republic has been very unsystematic. Police statistics are the only statistics available from the crime prevention authorities containing data on victims of crime. These statistics talk correctly of objects of assault. Where persons are assaulted, they are divided into men, women and groups of persons. The records for these persons feature their age, the tactical aspect, the social aspect and the consequences of the crime.
The following table shows the number of victims, taken from police statistics. In view of the aforementioned method of collecting data on victims, only the minimum numbers of recorded victims of crime can be inferred from these statistics.
Year |
1990 |
1991 |
1992 |
1993 |
1994 |
1995 |
1996 |
1997 |
1998 |
Men |
14 933 |
15 324 |
16 158 |
17 845 |
17 597 |
18 349 |
19 238 |
19 304 |
18 928 |
Women |
9 859 |
9 675 |
13 235 |
15 067 |
15 353 |
16 930 |
18 226 |
15 605 |
16 410 |
Groups |
1 983 |
2 320 |
2 309 |
2 521 |
3 087 |
3 197 |
3 058 |
3 011 |
2 112 |
Victimological research is one way of obtaining a closer knowledge of the size of the population affected by crime. The information obtained from such research is used to estimate latent crime. It provides information on true crime trends and trends for citizens reporting offences and their registration by the police. The fact that the criminal justice authorities do not learn of the existence of a range of offences can in the long term lead to poor prevention policy and the erroneous allocation of funds for victim aid. A sociological research project entitled The public’s attitude to crime and relative social deprivation (J. Buriánek, Charles University Humanities Faculty, grant GAÈR 403/98/0395), which took place at the end of 1998, offers new information on the extent of the victimisation of Czech citizens. A representative sample of the population of the Czech Republic aged over 15, numbering 1 719 persons, was questioned. According to the results of this research project, 28% of those questioned claimed to victims of crime in 1997 - 98. Of those persons, 3/4 reported the offence to the police. In comparison with the situation in the past, when the number of instances reported was approximately 1/2, cooperation with the police has increased significantly. Young people aged up to 25 reported crimes least often (59%).11
The number of ascertained crimes against property increased slightly. In total, the CP recorded 314 249 (+3.4 %, +10 210 offences) crimes against property. At the same time, the number of crimes cleared up rose (+3.9 %) and the detection rate was 26.4% (+0.2 %). There was a moderate reduction in burglary (-2.7 %), accounting for 29 % of crimes against property, while a negative factor is the sustained increase in common theft (+4.8 %), accounting for 60 % of crimes against property.
The Czech police recorded 92 029 (-2.7 %, -2 574 offences) cases of burglary; burglary has been falling since 1994. This reduction has been affected by preventative measures and increasing protection of property by citizens. This was accompanied by a lower number of offences cleared up (-6.6 %) and a lower detection rate (-1.0 %). There has been a sustained downwards trend for the number of flat burglaries ascertained (-2.4 %, -316 offences), with the CP recording 12 752 cases. Offenders remain most often interested in money, jewellery, antiques and electronics, while weapons are also of significant interest to offenders. This trend is documented by an increase in damage ascertained, despite the fall in the number of offences ascertained, to CZK 711 125 thousand (+ CZK 9 790 thousand, +1.4 %). 16 532 (-2.6 %, -450 offences) ascertained burglaries in recreational buildings means that there was a reduction in this kind of crime. The structure of offenders has not changed, coming largely from the ranks of persistent offenders, who are particularly interested in articles for their own needs. A further group of offenders is interested in valuables and antique furniture, committing such crimes largely to order. 44 325 (-0.2 %) burglaries in other buildings were recorded, causing damage of CZK 1 407 059 thousand (-6.1 %). Offenders’ conduct is often influenced by poor security for buildings. Another kind of crime against property is post office burglary, with 56 offences (-2) recorded.
The police only recorded a rise in the number of burglaries ascertained in South Bohemia (+4.7 %) and Central Bohemia (+3.7 %), while in other regions the number of burglaries fell or remained unchanged. The number of flat burglaries ascertained fell most markedly in East Bohemia (-10.4 %), with the highest increase in West Bohemia (+42.3 %). The number of burglaries of recreational buildings increased in North Moravia (+9.7 %).
The police recorded 189 926 common thefts (+4.8 %, +8 717 offences), which in absolute terms is the highest number of offences ascertained since 1990. At the same time the number of offences cleared up also rose (+4.2 %), which however has still not led to an increase in the detection rate. For common theft, there was a substantial increase for theft from cars (+8,8 %, +5.679 offences), with the police recording 70 194 cases. There was a moderate fall in car theft with 27 889 cases (-5.2 %, -1 533 offences). This moderate fall does not mean that this trends is stable. Organised groups of offenders are especially involved in this kind of crime.12 There is an increasing incidence of insurance frauds and cases where a ransom is requested for the return of a stolen vehicle. There were 23 764 searches for vehicles, of which 5 338 were found. The number of pick-pocket offences in the Czech Republic (10 354 offences) fell by -4.0 %, -437 offences. It can however be concluded that the true data on pick-pocket offences remains at the latent level.
In terms of territory, there was a marked increase in common theft in all regions, other than East Bohemia (+0.7 %) and South Moravia (+1.9 %). The police only recorded an increase in vehicle theft in West Bohemia (+3.7 %), which also recorded the highest increase in the number of bicycles stolen (+41.4 %).
Among monuments,13 the most frequently affected are church buildings. There has not been any substantial change in terms of offenders’ methods and objects of their interest. Offences are to a large extent serial and organised, with works of art remaining the focus of interest - statues (36 % of articles stolen), pictures (28 %), liturgical utensils (9 %), weapons, porcelain and collections of works of art. There are also records of the import or transit of Orthodox icons from the countries of the former Soviet Union. In total 103 thefts (-25.9 %) were ascertained in buildings with antiques and works of art. This reduction was however accompanied by high damage (CZK 9.9 million, -74 %). There were 383 (+10.7 %) burglaries in buildings containing antiques and works of art, with damage of CZK 33.2 million (-9.2 %). There is inestimable damage from the illegal export of documents and rare prints. The police is still receiving information on the looting of archaeological sites. There are also more cases of forgeries of works of art, particularly of painters from the 1920s.
The number of frauds (13 761 offences) under crime against property rose markedly (+20.0 %, +2 289 offences).
22 938 persons (42,4 %, -3.574 persons) were convicted of crimes against property (§§ 247, 248, 250, 251 of the Criminal Code).
2.6. Economic and financial crime, corruption
The number of economic crimes ascertained has increased over the long term. In total 36 031 (+19.5 %, +5 875 offences) economic crimes were ascertained and there was also an increase in crimes cleared up (+19,3 %). The detection rate was 94.1 %. A substantial proportion (over 94 %) of economic crimes was investigated and cleared up by the Czech Police. Damage caused came to almost CZK 21 billion14 (+21.6 %), accounting for 62.7 % of damage ascertained from total crime. Since 1993, there has been a 95.5 % increase in the number of economic crimes ascertained, with damage ascertained from economic crime up by 398.3 %.
Serious economic crime15 covers in particular criminal activity in the state’s fiscal interests, connected with the infiltration of state administration structures and the subsequent control of economic processes, with the aim of legalising the proceeds of crime, including securing their reinvestment into crime and the legal or illegal economy.
The main reasons behind the increase in serious economic crime were:
Most information acquired, verified and processed by the CP relates to the fiscal area. It particularly concerns fraudulent conduct relating to financial operations (a relatively frequent and widespread phenomenon is issuing uncovered or forged bills of exchange, deposit certificates, etc.), financial fraud in connection with the provision of subsidies, depositing capital, providing loans, liquidating companies, bankruptcy and settlement proceedings and the preferential treatment of creditors or debtors.
Among the most frequently employed forms of money laundering are rounds, when the banking sector is used to transfer high volumes of clean funds, mixed with dirty money , between associates or subsidiaries, the laundering of dirty money in transactions on the Stock Exchange or at the Securities Centre, or mixing those funds with finances acquired legally (sales, revenues, etc.). Given the non-existence of a central information system and specialised police bodies, proving the origin of laundered funds is a considerable problem. One element in legalisation of proceeds from crime is laundering money coming from the tunnelling of companies. This is also room for laundering money in the existence of anonymous deposits and the lack of transparency in trading securities which are not publicly negotiable, while a new factor is the electronic issuing of payment orders. The legislation under preparation should make it harder to legalise proceeds from crime (e.g. by abolishing bearer deposit books, identifying third parties acting on behalf of clients, establishing a new control system, etc.). According to CP information, in western democracies laundered funds come mainly from the sale of drugs and psychotropic substances, while in the Czech Republic they come largely from serious economic crime.
On the basis of an Agreement between the Ministry of Finance and the Ministry of the Interior, complaints in connection with the reporting of unusual transactions are transferred to the Ministry of the Interior and information is dispatched on information possibly relevant to crime, relating to legal entities and natural persons. The Ministry of Finance’s Financial Analysis Department lodged 37 (+25) complaints in 1998, and received 956 notifications of unusual transactions, concerning e.g. cash deposits in Czech and foreign currency which were immediately withdrawn or transferred abroad, the buying and selling of shares at prices markedly different from those on the public markets, the transfer of a high quantity of small payments to private accounts, etc.
The number of frauds ascertained, accounting for the largest proportion (39 %) of economic crimes ascertained, increased slightly (+4.0 %, +533 offences). In total, the CP recorded 13 890 such crimes. Damage caused by fraud came to CZK 6 929.3 million (-35.0 %). Fraud using forged or stolen documents dominates. Insurance fraud (cars, goods in transit, breaking and entering, arson) remains a risk area. The police recorded 77 cases of insurance fraud, with damage of CZK 7.08 million, of which 51 cases were committed by faking insurance events. Fraud in the finance and banking sector is a serious crime. Credit and cashpoint cards are frequently misused for crime, which is particularly linked to relatively organised pick-pocketing (a network of pickpockets, credit card receivers and retailers). The police recorded 30 loan fraud offences, with damage of CZK 4.12 million. The police recorded 7 160 (+7.3 %) offences of misappropriation, accounting for 20 % of economic crime, with ascertained damage of CZK 1 459 603 thousand (-55.5 %).
Tax evasion, which significantly upsets the country’s economic stability, displays a high latency. The offence of tax evasion (according to § 148) has long been a security risk, with the police recording 1 308 (+397) cases, with damage of CZK 2 534.9 million (+ CZK 526 million). For value added tax, there are crimes connected with tax evasion or with differences in basic rates. For consumption tax, some of the most serious cases are tax machinations relating to the production, distribution, transport and export of spirits. Tax evasion for indirect taxes (consumption tax and value added tax) results in high damage. According to the Directorate of the Criminal Police Service, revenue authorities estimate that the state loses a billion koruna each year. Infringements of customs regulations mainly concerned deliberately reducing the customs value (under-invoicing, failure to include transport costs, etc.), the incorrect specification of the country of origin, the deliberate specification of a different kind of goods, while for export this mainly involved over-invoicing , with aim of requesting the return of excessive VAT deductions from the revenue authorities. The revenue authorities conducted a total of 219 362 tax controls and investigations, in which they charged extra tax of CZK 17 526 million. In conducting controls, tax administrators encounter problems which largely contribute, directly or indirectly, to evading tax liabilities - concealing revenues, organising fraudulent chains of companies with the aim of claiming excessive deductions or reducing tax liabilities for VAT and reducing the tax base for income tax, falsifying accounting documents or reporting the loss of accounts, etc.
During 1998, contentious privatisation cases from 1992 - 1993 were checked. To date, no offences have been proved from those cases.
The CP recorded increases for offences connected with economic discipline and economic competition, offences of misusing information from commercial relations (§ 128 of the Criminal Code), from 17 offences to 49 offences, and offences of breaching duties in managing assets (§ 255), with 670 offences recorded (+268) as part of economic crime and 515 offences (+418) recorded by the CP as part of other crime. A total of 1 026 offences (+466) were ascertained for economic discipline and economic competition, with total damage of CZK 4 251.86 million. In telecommunications, the most frequent offence remains misusing card stimulators, illegal connections to the telecommunications network, etc. 224 offences (-5) were recorded for unauthorised enterprise, with damage of CZK 41 million. This again particularly involved cases of illegally brokering work or study visits abroad. In terms of the kinds of offences, enterprise without authorisation or on the basis of a stolen or forged trade licence dominated. Sustained and highly latent environmental offences are the storage and liquidation of waste and the unauthorised production of timber and its export abroad. According to information from abroad, organised crime is active in this area. Companies are set up to ensure the liquidation of dangerous waste, but in practice they declare that waste to be harmless. There are also infringements of the international CITES agreement on protecting endangered species of flora and fauna. In total, 146 (+7) offences were ascertained, with damage of CZK 70.2 million (+ CZK 37.3 million).
The most serious forms of corrupt behaviour are the direct corruption of an individual public official or body exercising state power, the gaining of material and immaterial advantages in connection with the function of a public official, the abuse of the position of the function of a public official in relation to the business sector, the unauthorised brokering of goods, public works and services contrary to the law in connection with the position of a public official, protectionism, etc. Corrupt behaviour by organised crime structures in the Czech Republic is mainly apparent in politics (attempts to influence executive functions - the legislative process, the allocation of subsidies and grants, etc.), in the social field (in the work of trade unions, professional and interest groups, etc.) and in the economy (attempts to win control over financial institutions to cover proceeds from crime, over institutions administering taxes, interest companies, etc.). From 1993 to 1997 the majority of cases of suspicion of corrupt behaviour related to various kinds of bribery.17 In 1998 the CP recorded 365 offences (+9) of abuse of the power of a public official (§ 158 of the Criminal Code), 1 185 (+749 offences) breaches of duty in managing assets (§ 255), 61 (+34 offences) infringements of the binding regulations for economic relations (§ 127), 49 (+32 offences) cases of misuse of information in business relations (§ 128), 49 (+9 offences) instances of accepting bribes (§160) and 138 (+31 offences) instances of bribery (§ 161). For the most party, corrupt behaviour cannot be proved.18
Crime in intellectual property, which is increasing rapidly, includes rights to trademarks, trading names and designation of origin, industrial rights and copyright, and computer crime. According to our own and foreign authorities’ knowledge to date, it is clear that the trade in counterfeit and pirate goods causes considerable damage to manufacturers, retailers who respect the law and copyright holders, and it misleads the consumer. Compliance with intellectual property rights is an essential condition for decisions by foreign companies operating in the Euro-Atlantic region on locating investments into modern technology in the Czech Republic. The protection of intellectual property is becoming increasingly important internationally. For several years now, the Czech Republic has faced threats from the government of USA to be put on the Watch List , featuring in accordance with provision Special 301 of the USA Trade Act countries which are signatories to TRIPS (a treaty on trade aspects of intellectual property rights) and which do not adequately protect intellectual property rights. On 1 May 1998 the US Trade Representative issued a review of compliance with intellectual property rights throughout the world in 1997, which features the inclusion of the Czech Republic on the Watch List . At present the Czech Republic faces trade policy measures by the USA in connection with the possible inclusion of the Czech Republic on the Priority Watch List , featuring those countries which most infringe intellectual property rights. There were in total 1 656 infringements of copyright (+154.8 %, +1 006 offences), which was the most significant increase in economic crime. The damage ascertained came to CZK 3 332.9 million (+ CZK 3 325 million). The police recorded 993 (+482) infringements of rights to trademarks, trading names and designations of origin, with damage of CZK 2.4 million (+ CZK 486 thousand). These offences are in particular detected at market stalls. The police recorded 19 (+15 offences) infringements of industrial rights. Cases are especially ascertained of the manufacture and export of counterfeits to foreign markets, as well as distribution within the Czech Republic. Computer crime, including information technology and the Internet, is a specific form of crime with high latency.19
Modern information and communications technology represents an enormous danger in the event of misuse. According to information from abroad, this does not often involve the invalidation or failure of information systems, but the long-term aim is the concealed extraction of information. In addition to classic cases of the misuse of information records, there are other forms, such as the misuse of credit cards. Such offences underlie fraud offences in the finance and banking sector, misappropriation or tax offences, where an attack on a computer or its programmes is a means to carry out another offence. The punishment of crimes committed using the Internet is still complicated by difficulties in establishing a specific person.
536 persons (0.9%) were convicted of economic and financial crimes (§§ 118-152), most of all (168) for evading taxes, fees and similar contributions according to § 148 of the Criminal Code, followed by 137 persons for infringements of rights to trademarks, trading names and designations of origin according to § 150 of the Criminal Code. 111 persons (0.2%) were convicted of bribery (§§ 160 - 162 of the Criminal Code).
Over the long term, violent crime has risen in absolute figures, from 17 812 offences in 1990 to 23 464 offences in 1998, i.e. by 5 652 offences.
The number of violent crimes ascertained has risen continuously. The police recorded 23 464 violent crimes (+1.0 %, +241 offences). The number of offences cleared up has also increased (19 195 offences, +3.5 %), together with the detection rate 81.8 % (+1.9 %). The number of violent crimes ascertained remains influenced by repeated factors, of which the most problematic are elements of organisation, alcohol (19.5 % of offences cleared up), drugs and re-offending (29.7 %). Those committing violent crimes often use small firearms and knives. Persistent offenders contribute to violent crime, and there are increasing proportions of foreign nationals and young people.
Murders and attempted murders continue to rise. The police recorded 313 murders and attempted murders (+7.6 %, +22 offences),20 of which there were 182 murders (one case involved the murder of a new-born child by its mother) and 131 attempted murders. The detection rate was 86.9 % (+0.3 %). Of the 276 murders cleared up, murders from personal disputes (125) and robbery with murder (63) dominated. In 6 cases policemen were attacked, with 3 policemen killed. There were 346 victims of murderous attacks, of which 101 were women and 73 (+65.9 %) foreign nationals. In offenders’ conduct, qualified preparation, a robbery motive and brutality have been increasingly ascertained. 14 murders were committed by hired assassins with no other connection to the victim. There continue to be cases of murder committed by hired foreigners, who leave our country immediately after committing the crime. A further problem is the rising number of murders in which conflict between criminal organisations is involved. The CP recorded 205 (+13.8 %, +25) unidentified corpses and identified 86 % of them (33 cases involved foreigners, 13 corpses were victims of violent crime).
The police recorded the most murders in Prague (62 offences), North Moravia (52 offences) and Central Bohemia (45 offences). The greatest increase in the number of murders was in East Bohemia (+5 offences) and Prague (+5 offences). There was no change (+0 %) in South Moravia.
The number of robberies (4 306 offences) fell (-9.4 %, -445 offences) and there was a moderate increase in the detection rate, to 43.2 % (+1.0 %). The object of offenders’ interest did not change, with attempts to gain finance, jewellery and goods in transit dominating. After 1997 there was a reduction in the number of petrol pump robberies (-15 offences) and robberies of taxi drivers (-35 offences). There was however an increase in post office robberies (+23 offences), with 88 recorded; there were 24 robberies of postmen.
The increase in robbery dominates in East Bohemia (+19.9 %) and West Bohemia (+14.6 %), with a significant fall in South Bohemia (-26.0 %).
The most frequent violent crime, with 7 943 offences, remains malicious bodily harm (+3.8 %, +289 offences), accounting for 33.9 % (+0.9 %) of violent crime. The number of offences of infringement of liberty in the home increased (3 303 offences, +285 offences), as did violence and threatening behaviour against groups of citizens (223 offences, +35 offences) and extortion (2 519, +264 offences). Actual bodily harm, extortion, restricting liberty, rape and violence against groups and individuals are the most frequent violent crimes committed on women. In a considerable number of cases, this involves domestic violence from conflicts between partners. Attacks on women of a verbal or psychological nature are also a problem in terms of their long-term nature and not negligible consequences, but the majority of cases has a high latency. Proof of domestic violence is very difficult and cannot be captured in statistics. For various reasons, the majority of women affected do not report attacks to the crime prevention authorities.21
813 fires22 were ascertained (+8.8 %, +66), with the detection rate 36.4 %. The number of fires started deliberately accounts for over 48 % of all fires (-206 offences). The motives are above all extortion, tax evasion and insurance frauds. Offenders focused mainly on motor vehicles and storage space.
According to data from the Directorate of the Czech Fire Brigade, there were in total 24 041 fires in the Czech Republic in 1998 (+11.6 %, +2 501), in which 96 persons (-39) died and 1 123 (+97) were injured. Direct damage came to CZK 1 902 566 thousand (+54.7 %, + CZK 672 600 thousand). The most frequent cases of fires were technical defects (3 187, -10.0 %), arson (1 744, +6.0 %) and smoking (1 050, +19.0 %). The most frequent motives for deliberately staring fires were revenge, tax and insurance frauds and eliminating traces of other crimes. Fire Brigade units intervened in 77 865 (-715) events. They rescued or evacuated 14 373 persons (-80.0 %, -68 736; in 1997 this particularly involved rescue from floods).
The CP recorded 86 explosions (+13.2%, +10), in which 4 persons died and 15 were seriously injured. 45 explosions were cleared up, over 52 %. The majority of injured parties had a direct connection with the explosion. Increasing attacks using booby traps on property (vehicles, offices, flats, houses, etc.) as a form of threat, mainly related to extortion or unlawful activity by the persons concerned, remain a risk factor. The CP has established a working group to detect offenders of such crimes.
2 127 persons (3.9 %) were convicted of violent crimes (§§ 221, 222 and 225 of the Criminal Code), representing a reduction of 961 persons from 1997. 188 offenders were convicted of murder according to § 219 of the Criminal Code, an increase of 21 persons on 1997.
There is a fluctuating trend for the number of moral offences ascertained - while they were on the decline in previous years, in 1998 the number of moral offences ascertained increased. Despite this increase, moral crime displays a high degree of latency. In total, the CP recorded 2 771 (+38.6 %, +771) moral offences. At the same time the number of offences cleared up was higher (+43.2 %), as was the detection rate (+2.9 %), which reached 91.8 %.
Prostitution23 remains a problem and is directly related to the offence of soliciting, which is very difficult to prove (the majority of prostitutes refuse to testify against pimps). This kind of crime includes elements of other offences, predominantly violent crime, frequently with elements of organised crime. There were 365 (+233) offences of soliciting and 34 offences (+21) of women trafficking. There was also an increase in rape, with 675 offences (+20) ascertained. Soliciting is usually related to the crime of women trafficking and other offences, such as e.g. abduction abroad and jeopardising the ethical upbringing of young people. This kind of crime displays high latency, is not infrequently initially committed with the consent of the women concerned, displays a high degree of organisation and is international in scope. A serious problem is the distribution of child pornography, especially through the Internet.24 The CP recorded 927 cases of sexual abuse (+159 offences, +20.7 %), with a detection rate of 93.9 % and 477 cases of sexual abuse in dependence (+253 offences, +112.9 %), with the detection rate 99.4 %. The increase in the number of cases of sexual abuse and maltreatment of wards ascertained is influenced by the greater degree to which the public is informed and increasing confidence in the work of the police (to date, this area has displayed high latency, detection is very difficult and it tends to be reported only exceptionally).
621 persons (1.1%) were convicted of moral offences (§§ 241 - 245 of the Criminal Code). Of that number, 406 were convicted of sexual abuse according to § 242 of the Criminal Code and 202 for rape according to § 241 of the Criminal Code.
2.9. Public order offences and vandalism, street crime
Public order is particularly affected by street crime25 (theft from cars, pick-pocketing, robbery, the propagation of drug abuse, etc.), and by crime with an extremist subtext, traffic accidents etc. The present state of this kind of crime and trends for it are described in more detail in the relevant chapters. The incidence of such crime and the detection rate affect the degree to which citizens feel safe. A range of preventative measures by police departments has contributed to the fact that there have not been any more serious or more extensive breaches of the peace. The exception was the Global Street Party ’98 (held on 16 May 1998 in Prague), attended by approximately 3 000 people. The event climaxed in an unauthorised march accompanied by violence, which was ended by a police intervention. The police intervention was subjected to strong criticism by non-governmental organisations, with complaints lodged against the policemen involved. The Ministry of the Interior Inspectorate investigated the circumstances and the manner of carry out the intervention, concluding that no crime or disciplinary offence had been committed. The investigation closed on 7 July 1998 with the adjourning of complaints against the policemen involved. To handle mass breaches of the peace, a permanent CP uniformed unit was reinforced with 350 policemen.26
1 196 persons (2.2 %) were convicted of public order offences and vandalism (the crime of breach of the peace according to § 202 of the Criminal Code).
2.10. Crime with an extremist subtext27
The Czech Republic was criticised on the international forum in 1998 in connection with respecting the Romany minority’s human rights and the police’s inadequate approach to combating racism, xenophobia and nationalistic intolerance.28 The US State Department’s Report on human rights in individual countries in 1998 designated discrimination and violence by skinheads against the Romany community as problematic areas for human rights in the Czech Republic. Attention focused on the persistent intolerance in Czech society, the Romany exodus to Great Britain and the Ústí wall affair. It can however be said that the problem of intolerance and associated phenomena and crimes with a racist or other extremist subtext is not specific to the Czech Republic. On the threshold of the third millennium, racism, anti-Semitism, fascism, neo-nazism and other unconstitutional ideologies represent a problem which other European countries encounter to a greater or lesser degree. The range of the extremist scene in the Czech Republic does not differ greatly from the extremist spectrum in neighbouring countries, where extreme right and extreme left groups are registered, as are anti-establishment organisations officially operating in political life. Throughout the entire extremist spectrum, there has been on on-going trend towards greater sophistication on the Czech extremist scene, featuring structuring and programme proliferation by extremist groups, internationalisation, ideological and strategic cooperation, the more open dissemination of ideologies and propaganda materials and attempts to maximise conspiracy. The achievement of extremist objectives is limited by extremists’ opportunities and abilities, the concrete social situation and interventions by the appropriate authorities.
Of the total number of offences ascertained in the Czech Republic in 1998, offences ascertained with a racial or other extremist subtext accounted for 0.03 % (0.04 % in 1997); offences with a racial or other extremist subtext cleared up came to 0.05 % of the total number of offences cleared up (0.08 % in 1997).
In 1998 the CP recorded 133 (-16.3%, -26 offences) offences with an extremist motive, with 184 persons prosecuted (-19.6 %, -45 persons).29 The most frequent offences were breach of the peace, actual bodily harm, violence against groups of citizens and individuals, the defamation of nation, race and convictions, and supporting and promoting movements aimed at suppressing citizens’ rights and freedoms. For offences by skinheads, a significant move was noted towards concealed offences - the number of direct and open attacks was lower.
The courts convicted 138 persons of offences motivated by racial intolerance (130 in 1997), of which 60 were juveniles (43.4 %). 8 convicted persons were designated persistent offenders by the courts. 36 persons were convicted of violent crimes against groups of citizens and individuals, one person was convicted of racially motivated murder.
Extremist motivated crime also features the activities of groups from the autonomous and anarchist movements, with the involvement of confrontational groups which misuse humanist ideologies, social or environmental slogans to ventilate their aggression. This was confirmed by the Prague Global Street Party (May 1998), during which there was a breach of the peace.
The highest number of offences with an extremist subtext and the highest increase was recorded in North Moravia (42 offences, +110 %, +22 offences) and North Bohemia (33 offences, +83.3 %, +15 offences); within this district the highest incidence and the highest increase in such offences was registered in the Litomìøice district (10 cases, 0 in 1997). South Moravia recorded the third highest number of such offences (24 offences, -29.4 %, -10 offences). The lowest number of offences with an extremist subtext was recorded in Prague (3), where there was a reduction of 89.7 % (-26 offences). It should be emphasised that offences still under investigation are not included in the above statistics. According to the CP, 51 offences and 61 misdemeanours where the offenders were members of extremist groups were ascertained in Prague.
Among the most serious cases, receiving considerable coverage in the Czech and foreign mass-media, were in North Moravia (Krnov, Orlová - Lutynì) and East Bohemia (Trutnov). The plan by the Ústí nad Labem Town Hall to build a wall separating Romanies from whites also provoked a sizeable response abroad.
As in the previous year, there were more serious breaches of the peace by juvenile, or close to juvenile, members and supporters of the skinhead movement (organised extreme right groups, in which other persons operate and which are based on nazi and fascist thinking and traditions, also represent a danger). They often involved persistent offenders. As in previous years, they committed brutal racially motivated crimes. In addition to physical attacks, they often used verbal assault combined with threatening behaviour, actual bodily harm or death. The victims of such crimes were mainly members of the Romany minority (the majority society’s general attitude to that minority also plays a role), coloured foreigners and persons of different opinions.
Extreme left attitudes were represented largely by nationalist and neo-bolshevik groups - the two cooperate and often have personnel ties. Extreme nationalist attitudes lead to xenophobia, to more or less open racism, mainly anti-Semitism, and facilitate contacts and cooperation with extreme right groups. Their basic aim is the restoration or constitution of some form of authoritarian or totalitarian regime. The most significant public manifestation was the international All-Slavonic Rally in Prague, which confirmed that the proclaimed Slavonic cooperation is merely another way of expressing neo-bolshevik and left-wing nationalist groups’ long term objective of rehabilitating and in some form restoring the former power and geopolitical organisation of Central and Eastern Europe.
The situation in the Czech Republic was negatively affected by the dissemination of racist, neo-nazi and anti-Semitic opinions and related literature on the Internet. Greater attention was devoted to detecting crimes committed by means of illegal publications. Investigations commenced in connection with the publishing and distribution of racist-oriented publications ( zines). Crimes were committed by means of P.O. Boxes in Èeské Budìjovice, Most and Ústí nad Labem. At present 8 offenders are being prosecuted for this crime. The police have also increased their activities against the use of symbols and signs, as demonstrated by the individual cases which criminologists have apprehended and investigated.
Tackling the issue of crime with a racist or other extremist subtext is one of the Czech government’s priorities. The issue has received considerable attention from the Ministry of the Interior and the Czech Police. Combating crime with an extremist subtext is also a priority for the Czech Police. In March 1998 the government approved measures to punish crimes with an extremist subtext more effectively.30
2.11. Protection of official secrets
The year appraised can be characterised by attempts by all parties concerned to improve the system for protecting official secrets in the circumstances arising from the legislative, institutional and organisational factors. In 1998, legislative work was completed with a new Official Secrets Act. On the basis of the Act, on 2 August 1998 the National Security Office was established as the central administrative office for protecting official secrets. With the Official Secrets Act No. 148/1998 Coll. ( the Act) coming into force and the issuing of related legal regulations (Government Regulation No. 246/1998 Coll., which stipulates lists of official secrets and the relevant National Security Office decrees31), the legislative background was established, as were the required security policy principles in this area. There were also changes in the system for protecting official secrets, in stipulating the conditions for selecting and screening persons to work with official secrets, in a new definition of official secrets, in restricting access to official secrets on the basis of a need to know principle, in an unambiguous definition of duties and responsibilities of those in possession of official secrets and in a definition of the appropriate regime and system measures.
The National Security Office provided methodical assistance in interpreting the new Act and the relevant decrees for authorities, organisations and individuals, particularly in the form of consultation, and there was a series of lectures and training programmes on various areas of the protection of official secrets.32
The National Security Office and other concerned bodies in the Czech Republic worked to meet NATO security standards in connection with the Czech Republic’s accession to the alliance. There was a series of meetings with representatives from NATO, the West European Union and several other European countries. The aim was mainly discuss issues of industrial and personal security and the security of information systems.
One person was convicted of crimes against the protection of official secrets (§§ 105, 106, 107 and 173 of the Criminal Code), for the crime of endangering official secrets according to § 173 of the Criminal Code.
1998 was characterised by a moderate fall on the number of persons cleared at border crossings, increased interest from citizens in permanent residence in the Czech Republic and the highest number of persons apprehended by the Czech Police for the unauthorised crossing of national borders since the Czech Republic came into being. There is an increasing number of foreigners who do not legalise their residence. This situation is confirmed by increasing number of foreigners not allowed residence and the numbers of foreigners deported. Illegal migration is one of the most sensitive areas in incorporating our country into European structures. At the same time, migration as a phenomenon of civilisation may become an important factor for stabilisation and development, provided of course strict regulatory mechanisms are installed. In the long term however, uncontrolled migration in connection with on-going economically motivated migration and waves of migration linked to armed conflicts may represent one of the greatest threats to stability in Central and Eastern Europe.34
Legal migration
A moderate downwards trend continued for the number of persons cleared at border crossings, with a significant reduction for journeys by Czech citizens. In total, 290 million persons (-4.6 %) were cleared in both directions, of which 86 million (-5.5 %) were Czech citizens and 204 million (-4.2 %) were foreigners. Almost 97 000 (-1.0 %) foreigners were refused entry to the Czech Republic at border crossings.
At 31 December 1998, the Czech Republic recorded 220 187 foreigners with residence permits (+4.7 %), 1 467 foreigners with refugee status and 2 125 applications for refugee status in the Czech Republic. The largest group (24 %) of foreigners with residence permits, numbering 52 684 persons (+9 282, +21.4 %) were Ukrainians. Almost 90 % of them had long-term residence in the Czech Republic. Slovaks, numbering 49 621 persons, accounted for 22.5 % (-2 557, -4.9 %), 22 875 (+1 925, +9.2 %) were Vietnamese and 22 166 (-2 853, -11.4 %) were Poles. There was an increase in the number of Russian citizens with residence permits, with 10 029 of them living in the Czech Republic at 31 December 1998.
In almost 100 % of cases, foreigners continue to file their applications for residence in the Czech Republic with authorities under the Ministry of the Interior, rather than with the Czech Republic’s diplomatic missions and consular offices abroad. Inappropriate legislation on entry and residence remains a problem, especially the option for foreigners to switch without problems from short-term (tourist) residence to long-term residence.
The number of foreigners granted permanent residence fell markedly and the number of applications for permanent residence rejected rose. In total, permanent residence was permitted in 9 867 (-27.2 %, -3 692) cases, with 1 917 (+49.3 %, +633) applications for permanent residence rejected. The predominant reasons behind applications for permanent residence in the Czech Republic remain marriage with a Czech citizen (48.8 %) and moving to join relatives (32 %).35 At 31 December 1998 there were in total 63 919 (+13.6 %, +7 638) foreigners with permanent residence in the Czech Republic.
The number of applicants and the number of approved applications for long-term residence increased slightly. Long-term residence was permitted in 87 628 (+2.7 %, +2 329) cases and refused in 2 209 (+25.8 %, +453) cases. The most frequent reasons for permitting long-term residence remain employment (48 %) and enterprise (40 %). Against 1997, residence for the purpose of employment displayed a downwards trend (-18 %), unlike residence for the purpose of enterprise (+17 %). At 31 December 1998 there were in total 155 836 (+1.5 %, +2 320) foreigners with long-term residence.
The most foreigners with residence permits in the Czech Republic are recorded in Prague (57 204, -3.4 %, -2 017), i.e. 26 % of the total number of foreigner with residence permits in the Czech Republic. In other regions there was an increase in the number of citizens with long-term or permanent residence, of which Central Bohemia recorded the highest absolute and percentage increases (+19.6 %, +5 226), coming in second place among the regions of the Czech Republic with 31 866 foreigners.
At 31 December 1998 the Ministry of Labour and Social Affairs recorded 49 927 valid work permits for foreigners in the Czech Republic. This means a clear trend for a fall in the number of permits issued, 11 117 less than in 1997. Problems remain, such as the abuse of the low level of the minimum wage, the misuse of trade relations for the unauthorised trade in labour, the misuse of liberal legislation allowing Slovak citizens to enter our labour market and the impossibility of directly regulating the inflow of Slovak citizens in view of anticipated unemployment trends, especially in border regions, and the time-consuming administrative procedure for permitting employment for certain categories of foreigners.36
At 31 December 1998 there were 1 467 foreigners in the Czech Republic with valid refugee status and 2 125 applicants for refugee status in the Czech Republic. In 1998, 4 086 foreigners (+93.7 %, +1 977) applied for refugee status, with refugee status conferred on 78 (-21) applicants. Among applicants, citizens of Afghanistan (1 265), the former Yugoslavia (713), Iraq (308) and India (299) still dominate. There was a marked increase in the voluntary departure of applicants from refugee camps (1 869, +1 120) and 464 (+61) of them were detained while illegally crossing national borders to leave the Czech Republic.
Illegal migration
Illegal migration through the Czech Republic is professional and highly organised, involving foreigners and Czech citizens, and the precarious situation of migrants is often abused. Illegal refugees favour this means of migration largely for two main reasons - purely economic reasons and reasons of a political, religious and economic nature.
44 672 (+52.3 %, +15 333) persons were apprehended while illegally crossing national borders, of which 42 957 (+57.2 %, +15 632) were foreigners. The situation was influenced by the increasingly tense political situation in certain Far Eastern countries and Iraq. The conflict in Kosovo resulted in a high number of illegal migrants, citizens of the former Yugoslavia (16 052, +349.8 %, +12 483). They accounted for almost 36 % of total illegal crossings (13 % in 1997). Of 44 672 illegal migrants ascertained, 37 142 were departing the Czech Republic, of which the manner of their entering the Czech Republic is known for 11 250. The highest number of illegal migrants is still caught at the border between the Czech Republic and Germany (32 859; +57.5 %, +11 999), of which the German authorities detected 15 684 cases. During 1998, entry from Slovakia was proved for 4 902 (i.e. 43.6 %) refugees detained while crossing national borders out of the Czech Republic, of which illegal entry was involved in 41.5 % of cases (2 034) persons and legal entry in 58.5 % of cases (2 868 persons). The CP detained 3 865 persons during illegal entry on the border between the Czech Republic and Slovakia. The Czech authorities accounted for 57.7 % of cases (25 790) of the detention of all illegal migrants, while the authorities in other countries detected 18 690 (41.8 %) cases.
31.5 % of foreigners attempted illegal crossings of national borders out of the Czech Republic on the day of the arrival in the Czech Republic, with an additional 25 % 2 to 5 days after entering the Czech Republic. Statistical data and the direction of illegal migration confirm that the Czech Republic remains largely a transit country on route to Western Europe. The number of persons detained without travel documents continues to rise (32 230 persons, +87.0 %), i.e. c.70 % of the total number detained during the illegal crossing of national borders.37 289 (-46) persons were found hiding in trains. 1 617 (-700) persons used invalid travel documents. 7 500 (+4 363) repeatedly attempted the illegal crossing of national borders.
Over 58 % (25 850) of the total number of illegal crossings ascertained were in North Bohemia (+58.8 %, +9 576), followed by West Bohemia with 8 319 illegal crossings ascertained (+48.3 %, +2 711) and South Moravia with 5 575 (+75.0 %, +2.389).
Organised conveyance is closely related to illegal migration. Assistance from other persons in illegal crossings of the Czech Republic’s borders was ascertained for 22.1 % of illegal migrants (9 884 persons, +49.2 %, +3 257). In terms of the absolute number of persons conveyed, citizens of the former Yugoslavia (4 561) and Afghanistan (1 722) dominated. The highest percentages of persons conveyed from a single nationality were recorded by citizens of China (38.5 %) and Afghanistan (34.7 %). Among the 1 075 (+38.4 %, +298) persons who assisted in the illegal crossing of national borders were 854 (+45.5 %, +267) Czech citizens.
Since 1996 the number of foreigners who have been forbidden residence has risen. While in 1993 c.70 % of bans on residence were imposed for the illegal crossing of national borders, in 1998 it was c.26 %. In total, 7 407 (+2 371, +47.1 %) bans on residence were declared for the illegal crossing of national borders. Infringements of the residence laws remain the predominant reason, with 15 519 cases (+45.6 %, +4 864). Bans on residence were pronounced for 21 935 (+26.9 %, +4 646) foreigners.
Administrative and judicial deportation affected 2 246 foreigners (+46.0 %, +708), of which 1 519 foreigners were administratively deported for unauthorised residence. The higher number of administratively deported foreigners is also related to increased control activities by the Foreigners’ Police. 727 (-9.4 %, -750) foreigners were judicially deported. The most common reason, as in 1997, was the crime of obstructing the execution of an official decision and crimes against property.
160 persons were convicted of the crime of the illegal crossing of the national border according to §§ 171a and 171b of the Criminal Code, of which there were 138 offenders for conveyance (§ 171a of the Criminal Code) and 22 persons for the illegal crossing of the national border with the use of violence according to § 171b of the Criminal Code.
Organised crime activities are more and more in evidence as a particularly complex form of committing crime, overlapping with other areas of serious crime and many areas of social life. Organised crime is distinguished by its military structure, total hierarchy and an absence of conscience. International organised crime is regarded is the crucial threat to the internal security of Europe in the 1990s.38
Criminal organisations usually operate in many European and overseas countries, with multiple criminal activities. They do not specialise in one type of crime, but in everything leading to profit and the acquisition of influence. In the year monitored, the 1997 trend continued in the Czech Republic, when in view of the Czech Republic’s accession to NATO and the EU, increasing interest from criminal organisations was registered in penetrating Western Europe via the Czech Republic. An additional potential danger was events which may have had the objective of discrediting the readiness of the Czech Republic to join those structures.
Criminal organisations commit organised crime whose origins lie in classic violent and economic crime, together with crime against property. Their activities in our country are derived from trends for international organised crime. Czech citizens mainly provide services - knowledge of the environment and the law, contacts, etc.39
Even though ethnic barriers are lower in criminal organisations and new mutually advantageous alliances emerge, ethnicity remains the key principle. It is evident that when starting operations abroad, these organisation focus above all on enclaves of their own ethnic group. Criminal organisations in the Czech Republic come mainly from the former Soviet Union, the former Yugoslavia and Bulgaria, together with Italian criminal groups and criminal groups from South-East Asia (especially China and Vietnam).
Criminal organisations coming from the countries of the former USSR are among the most active. They have vast amounts of money, which they use to extend and exert their influence further. The groups monitored are merging into various interest groups operating internationally and making increasing use of companies in tax havens, the Internet, etc. Financial fraud continues to dominate, with funds invested into real estate in particular. There is extensive suspicion of other crimes - violent crime, organised prostitution, drugs trafficking, vehicle theft, illegal employment, etc. Representatives of Russian organised crime are also becoming involved in arms dealing.
After 1989, Bulgarian, Albanian, Yugoslav and Italian criminal groups began to penetrate the Czech Republic, endeavouring to expand their spheres of influence as far as possible. The began to make use of deficiencies in legislation and the benevolent approach to permitting enterprise, particularly for companies with foreign participation. At present, changes are underway in the division of influence. Bulgarian criminal organisations, which had previously concentrated on brothels, are now focusing on vehicle theft and supplying Bulgarian prostitutes to brothels. Criminal organisations from the former Yugoslavia have taken over the running of brothels. They also focus on drug trafficking, conveyance and violent crime. Italian criminal organisations largely focus on buying up real estate, mainly in Prague.
Asian criminal organisations focus especially on economic, property and violent crime. The external manifestations of Asian criminal organisations are however limited, they are very careful, with tough, uncompromising principles. Manifestations within communities are very aggressive and brutal. Their aim is to win influence in the economic field and subsequently to gain influence in the state administration. According to information gained, the spheres of interest are now being divided between Chinese and Vietnamese criminal organisations. Vietnamese criminal organisations concentrate especially on trading in textiles and food, organising illegal migration and smuggling goods. Recently activities aimed at illegal transfers of finance have increased. Chinese criminal organisations invest into land, real estate and restaurants, with other crime focused on prostitution and smuggling goods.
In future it is expected that these organisation’s additional activities will be focused in particular on buying up as much real estate and land as possible. They will endeavour to infiltrate state structures as far as possible, with the objective of legalising their activities.40
Criminal groups from the former USSR are particularly active in committing organised crime of a violent nature and the 1997 trend for an increasing proportion of offenders from Yugoslav criminal groups has been confirmed,. There are violent incidents between individual groups in dividing up territory, marked by aggression and frequent intolerance between individual social groups. In dividing up territory between individual criminal groups from the former USSR, members of enemy groups are killed. They mainly commit murders in public places, increasing their prestige among other criminal groups. Many murders are carried out to order, with offenders leaving our country immediately afterwards. There have been no changes in the structure of other violent crimes. The number of incidences of hostage taking, organised robbery and extortion is rising. There are problems with their uncontrollable movement throughout the Czech Republic, their quality technical equipment and financial bases. The police are limited in this context by their current technical and material equipment. A Chinese and Vietnamese criminal group comprises a specific criminal group operating in the Czech Republic. It commits unusually brutal violent crimes exclusively on its fellow countrymen. Injured parties refuse to cooperate with the police.
A substantial part of the world has been affected, or is threatened by, terrorism of a political and religious nature. Among the main reasons behind the increased danger of terrorist attacks is the shift in the focus of terrorism to a religious basis and terrorist organisations’ access to modern weapons and communications systems. The integration process in Europe has increased the danger, especially where there are conflicting views over a joint approach by the countries concerned, e.g. when regional conflicts come to a head. The situation in the Czech Republic does not indicate that there will be any immediate increase in terrorist incidents, but we cannot expect this situation to be a permanent one. In the year monitored, no international terrorist organisations were operating here openly. It was necessary to counter potential acts aimed at reducing the country’s credibility and readiness to accede to NATO and the European Union. Future developments will however depend especially on the political and economic situation within the Czech Republic (above all in its orientation towards membership of European structures and NATO) and on the international situation. Attacks on foreign persons and buildings, primarily from Israel and the USA, cannot be ruled out.
There is a latent risk in the Czech Republic of logistical and terrorist activities by a part of the Arab community, which has been present in the Czech Republic in the past, or is concentrated around mosques in European countries. The activities of this community are focused in particular on acquiring information, maintaining contacts with their country of origin and providing services to persons arriving from Arab countries. Another group is a new wave of immigrants (often partners of covering companies) who participate in a wide range of crimes. Attempts to establish Islamic social organisations continue. For the future, the main risk from foreigners remains the presence of war veterans from Afghanistan and other conflicts (Algeria, the northern Caucasus, Bosnia), who in addition to training and participating in combat have undergone long periods of religious indoctrination in drill camps. In addition to disseminating militant Islam, the chief danger lies in the possibility of their being hired for acts of violence, especially terrorism. Criminal organisations from the former USSR and the former Yugoslavia also present this threat.
The year monitored confirmed a trend from 1997, with an increasing number of attacks on vehicles, buildings and people with the use of explosives. For the most part, this involved settling accounts, extortion and intimidation. Likely exceptions are explosions in Ostrava (Frýdlantské mosty), Pøerov (the District State Prosecutor’s Office) and Prague (Jilská ul.). A reaction to Radio Free Europe’s broadcasts to Iran and Iraq remains a possible risk factor, nor can we rule out individual acts by radical members of the younger generation of Arab immigrants. A further danger could be the use of illegal migration organisers for the needs of terrorist groups and participation by individuals or groups from foreign communities in planning terrorist attacks. The radicalisation of extremist groups in the Czech Republic is a risk, above all the possibility of their being used to promote political or economic interests using violent means, in which ideological reasons will be a problem. Isolated terrorist attacks by individuals cannot be ruled out, although so far there have only been anonymous threats.
2.15. Illegal trade in arms and explosives
The situation in the illegal trade in arms and explosives remains almost identical to that in previous years. There is still a considerable range of weapons on offer on the illegal market, of various origin. Risk factors remain: the export of arms and military material in the form of re-export to third countries on the basis of forged documents (on the basis of licences granted, weapons then end up largely in crisis or embargoed areas); weapons originating from the Czech Army’s stocks; and small firearms with no identification marks (other than the Czech Republic, registered especially in Germany). There are cases of the export of banned, apparently invalidated weapons, which can easily be made functional.41 Such work is carried out in private workshops, or firearms are produced from weapons not capable of being fired. There are problems in securing the trading routes for Czech weapons identified in connection with crime (the archives of the former companies PZO OMNIPOL and MERKURIA, which exported arms, are incomplete). Interest remains in the illegal acquisition of plastic explosives, especially Semtex and Perutin, and electronic detonators. Persons working with explosives remain one source, while another is theft from railway consignments or warehouses. Persons working in the illegal trade in arms and explosives are largely among those whose business is in the arms trade, or who have or have had access to Czech Army weapons, or who collect historical weapons. In risky transactions with military materials, an increasing influence has been noted for Russian and Slovak companies, especially in smaller Czech companies, where the target country is e.g. North Korea or Iran. According to information to date, there will be an increase in unauthorised arming and attempts to sell arms to crisis areas. The main risk is harming the Czech Republic’s political and economic interests abroad.
The situation in the Czech Republic in the illegal trade in radioactive materials is the same as elsewhere in the world. A risk is a shift in risk countries’ interest from efforts to acquire materials and equipment in short supply towards attempts to acquire modern technology allowing them to build the infrastructure needed for their own development and manufacture of weapons of mass destruction. Networks of covering companies are used for this purpose. Partner organisations abroad work together closely to resolve cases. There were not any significant changes on 1997. Most of these materials come from the former Soviet Union. The Czech Republic is becoming a venue for negotiating deals, and in some cases for implementing them. In addition to classic radioactive materials, ionising radiation sources are also offered on the illegal market. The information gained shows that most illegal offers to deal in strategic nuclear materials are attempts to defraud, where money laundering is evidently involved. There is a range of links between citizens from the former USSR and Czech citizens involved in these illegal transactions.
The people trafficking is associated with the suppression of all human values. It involves serious crime - organised prostitution, women and children trafficking, endangering morality and the production and distribution of pornographic material. Increasingly common in this context is violence against women (there was an increase in the second half of the year in activities aimed at exporting women abroad for fictitious employment) and children (in the first half of 1998 this meant in particular an increase in the number of crimes for the purpose of homosexual prostitution).
In comparison with 1997, there was a marked increase in the number of forged and altered banknotes seized. The Czech Police had ascertained 85 099 (9 530 in 1997) forged and altered banknotes by the end of November 1998 (at the time of writing this report, the CNB had not processed the incidence of forgeries in December 1998). Among foreign currencies, the increase in forgeries particularly involved DEM banknotes (2 389; 617 in 1997) and ITL banknotes (732; 517 in 1997), with forged ITL 100 000 banknotes still appearing. 20 222 forged HUF 5 000 banknotes were seized, which almost never appeared in the past. While in the domestic currency there has been a downwards trend for forgeries of CZK 1 000 banknotes, the majority of forgeries are still of CZK 1 000 and 5 000 banknotes, of which 55 928 were seized. In the past, the majority of forgeries were produced abroad, with forgery workshops discovered sporadically in the Czech Republic. Following the discovery of several forgery workshops in our country, the assumption is that there are more.
The situation for forged documents also displays a rising trend, affecting the entire range of documents (forged motorway stickers, telephone cards, certificates, cheques, bills of exchange, postage stamps, etc.). While the Czech Republic has become a transit country for forged banknotes, rather than a consumer, it is now becoming a centre for forged documents. There is a high danger associated with latent crime of an economic nature.
48 persons were convicted of the crimes of forging and altering money according to §§ 140 - 142 of the Criminal Code.
There were no significant changes in the year monitored in terms of the range of drugs abused, the increase in consumers, street distribution methods and street distributors. The Czech Republic has become a centre for organisers of the international trade in heroin and cannabis products in particular. The Czech Republic is a target country for all kinds of narcotic and psychotropic substances, with the exception of crack. It is involved in the illegal production and transport of drugs, the illegal production and trade in precursors, and the laundering of proceeds from the illegal drugs trade. In less than 8 years, an open drug scene has formed in the Czech Republic, with a steady clientele of heroin users, the wave of rave drugs has boomed, drug use has expanded to all regions of the country, communities of users of heroin substitutes have practically disappeared and drug traffickers are resident here. Drugs are relatively more affordable here than abroad. First-time consumers of hard drugs comprise a high proportion and the age of young people experimenting with hard drugs is low.
Czech citizens are increasingly involved in the international trade in heroin, transporting heroin to Europe by the Balkan route. Supply exceeds demand and an increasing number of people experiment with heroin at preferential prices. No white heroin was seized in the Czech Republic in the year monitored. Cocaine remains of marginal interest to consumers and there were no indications that it is being distributed by postal consignments (large consignments forwarded with consignments of ordinary goods were involved). The most sought-after drug remains pervitin, which is cooked from ephedrine. As opposed to 1996, when it was possible to obtain relatively large quantities of ephedrine on the illegal market, in 1997 and 1998 it was practically unavailable on the black market (since the privatisation of VÚAB Roztoky, the storage and recording of ephedrine has improved). At present ephedrine is obtained from abroad or from medicines containing ephedrine. In the cannabis trade, couriers are often Czech citizens, several of whom were detained and prosecuted abroad. Amphetamine couriers remain relatively frequently Czech citizens; the number of consignments ascertained in northern countries and deemed to be of Czech origin fell. In 1998 the police did not receive any information on the large-scale production of ecstasy, while suspicions remain of its organised import into our country.
In 1998 the Czech Republic was chosen by organisers of the international narcotics trade as a safe country , in particular for the overly liberal conditions for legal residence in our country, the simplicity of establishing cover companies with relatively low operating costs, the practically risk-free laundering of drug money, low punishments for drug offences and the high probability of protecting assets acquired from drug deals prior to forfeiture. On the basis of an analysis of cases, we envisage a further increase in the number of heroin addicts, the emergence of companies solely to distribute heroin, the violent settling of disputes over territory and sphere of influence, increasing efforts to infiltrate the state administration, the construction and operation of large synthetic drugs laboratories and an increase in the number of Czech citizens involved in the international narcotics trade.
In this context, the change in the judiciary’s attitude to punishing drug dealers and producers is a positive factor. An important change will be Act No. 112/1998 Coll. (in force from 1 January 1999), which revised the Criminal Code and the Misdemeanour Act and according to which possession of drugs for own use is also punishable. A further change is the adoption of Act No. 167/1998 Coll., on addictive substances and changes to other acts governing addictive substances, preparations and precursors.
The National Anti-Drug Headquarters (the CP Criminal Police department for detecting organised crime) discovered 19 pervitin laboratories, 198 g of methamphetamine (pervitin), 5.5 kg of marijuana, 147.3 kg of heroin, 41.3 kg of cocaine, 10 kg of amphetamine, and cooperation contributed to discovering a further 356 kg of heroin under international police. The Czech customs authorities are an important partner for the Czech Police in detecting the illegal trade in narcotic and psychotropic substances.
There is a rising trend for the crime of the unauthorised production and distribution of psychotropic substances and poisons, with the police recording 4 157 offences (+72.9 %, +1 753 offences, since 1993 this means an increase of 1 715.3 %, +3 928 offences). It recorded 1 077 crimes of propagating drug abuse, i.e. an increase of 139.9 % (+628 offences), which means that there is an increasing number of consumers and persons experimenting with drugs (particularly among students, according to the Czech Police’s information). The number of cases of the unauthorised production and distribution of psychotropic substances and poisons by children rose (+135 offences). The drug most frequently abused is marijuana.
802 persons (1.4%) were convicted of the crimes of the unauthorised production and possession of narcotic and psychotropic substances and poisons (§§ 187 - 188a of the Criminal Code).42
The number of traffic accidents in 1998 reached a historical maximum. The Czech Police recorded 210 138 (+5.9 %, +11 707) traffic accidents, in which 1 204 (-14.7 %, -207) persons were killed, 6 152 (-7.2 %, -480) received serious injuries and 29 225 (-3.1 %, -930) received light injuries. Material damage was estimated at CZK 6.83 billion (+14.3 %). There was a relatively favourable trend for the consequences of accidents, with the lowest number of fatalities and the second lowest number of persons seriously injured since 1993.
Almost 93 % of traffic accidents were caused by motor vehicle drivers, of which over 75 % of accidents were due to car drivers, in which over 79 % of the total number of people killed lost their lives. Hit and run accidents (17 484 accidents) are a problem. There were positive developments in the number of accidents among foreign drivers (of vehicles registered outside the Czech Republic). They caused 6 184 accidents (-15.4 %), in which 58 people (-30) died. Pedestrians caused in total 2 938 accidents, of which 40 % were caused by children.
Bad driving remains the main cause of accidents (62.5 %), in which 356 persons were killed. Another reason was not giving priority (17.8 %, 113 fatalities) and excessive speed (17 %, 511 fatalities). There were 9 322 accidents under the influence of alcohol (-4.6 %; 7 588 of those accidents were due to car drivers and 525 to pedestrians), accounting for 4.7 % of all traffic accidents and almost 14 % of all fatalities.
Almost 77 % of traffic accidents happened in municipalities, where there was a reduction in the number of fatalities (-119). The highest number of fatalities were in accidents on class I. roads (467, -77 persons). There was an increase in traffic accidents on motorways (+14.9 %), in which 45 persons were killed (+10). For the year in which revised traffic regulations came into force (in particular lowering the speed limit to 50 km/h and increasing the speed limit on motorways), there was an increase in the number of traffic accidents in municipalities (+1.7 %, +3 240), but a significant reduction in the number of fatalities, by almost 20 % (-154). There was an increase in accidents on motorways (+10.6 %, +439) and in the number of fatalities (+31.1 %, + 14 persons).44
5 819 (10,7 %) persons were convicted of traffic crimes (§§ 201, 201a, 223, 224, 180 and 208 of the Criminal Code), with the most frequent crimes actual bodily harm owing to negligence (serious detriment) according to § 224 of the Criminal Code - 1 751 persons - and threatening behaviour under the influence of addictive substances according to § 201 of the Criminal Code - 1 134 persons.
2.20. Searches for persons and articles
The CP announced searches for 22 739 (+14.5 %, +2 874) persons, of which it found 85.2 % (10 098). In total the CP found and detained 14 750 persons (including searches announced in previous years). The most numerous category of wanted persons were those for whom an arrest warrant had been issued (7 789, 5 722 detained). Searches were announced for 380 (334) army deserters and 30 (20) escaped convicts (in the majority of cases this still involves failure to return while on leave of absence). Searches were announced for a total of 5 856 missing persons (of which 2 482 escapees from children’s homes), of which the police found 5 291.
1 329 searches were announced for stolen and lost weapons, of which 387 were announced on the basis of joint searches for Interpol. This mostly involved small fire arms - pistols (570) and revolvers (353). Only 66 weapons, less than 5 %, were found.
2.21. Investigations, criminal proceedings and penology
The investigation authorities recorded 124 923 (+4.2 %) new criminal cases. In total, 147 299 criminal cases (+2.7 %), including cases brought forward from 1997, were investigated. 126 134 criminal cases were dealt with. Each investigator dealt with on average 55.3 files, of which 29.2 files resulted in proposals for indictment.
101 347 (-409) persons were accused. In total, criminal prosecutions were brought against 123 940 (-2 683) accused persons. The reduction is a consequence of an amnesty and of the fact that crime is increasingly committed as a series of crimes by one accused person. The investigation authorities ended 61 435 criminal cases with proposals for indictment. At 31 December 1998, 21 165 (-1 212) criminal cases remained unresolved. 12 231 (-841) persons were taken into custody on the basis of proposals by investigators, with 2 342 persons remaining in custody at 31 December 1998.
The speed of investigations increased, both in terms of the proportion of cases ended with proposals for indictment within 2 months, and in terms of the average length (in days) of investigations of criminal cases. The proportion of criminal cases ended with proposals for indictment within 2 months increased by 5.9 % and within 6 months by 2.1 %. The average length of investigations of criminal cases was shortened by 9.2 days to 72 days. The speed of investigative procedures prior to commencing criminal prosecution in cases where accusations were made was shortened by 3.1 days to 11.5 days; where cases were adjourned, it was extended by 2.3 days to 48 days.
The quality of investigations, evaluated according to the proportion of crimes returned by the state prosecutor or the court, has in the long term been at a good level, with the proportion of 6.7 % remaining practically unchanged. In total, 4 471 files were returned by state prosecutors and courts. The number of proposals for prosecution which investigators did not take over from the police increased (10 023 proposals, +375).
155 cases are being verified by the Office for the Documentation and Investigation of the Crimes of Communism (ODI), of which investigations in 1998 involved 59 cases. A total of 53 cases (§§ 159/1, 159/2 and 159/4 of the Criminal Code) were adjourned in preparatory proceedings, proceedings were halted following accusations in 13 cases (§§ 172/1b, 172/1c, 172/1d, and 172/1e of the Criminal Code) and were discontinued in 2 cases (§ 173/1b of the Criminal Code). Criminal prosecutions have been instigated in 46 criminal cases (86 persons accused), of which 7 were in 1998 (9 persons accused). There were proposals for indictment in 26 criminal cases (40 persons accused), of which 7 were in 1998 (27 persons accused). The average duration of an investigation, from accusation to a proposal for indictment, was 19 months. The average number of cases per investigator was c.10 - 11 cases. Offenders were primarily former members of the State Security, followed by judges, procurators, prison service guards and directors and former state officials. Cases mainly involved the crimes of abuse of the power of a public official, serious detriment to health, restriction of personal freedom, general endangerment, failure to provide assistance, breaches of guard service duties, murder and treason. Crimes were committed in or before 1950 in 11 cases, between 1951 and 1960 in 12 cases and after 1961 in 6 cases. Charges have been brought against 27 persons in 20 criminal cases, of which there were 2 persons in 2 criminal cases in 1998. 5 persons have been convicted in 5 criminal cases, of which there were 4 persons in 4 criminal cases in 1998. In the ODI’s documentation section, 264 cases were investigated or documented in 1998. Of that number, 93 cases were concluded, of which 15 cases were transferred to the investigation department following verification. At the same time, information on 18 cases was documented, largely on the matter of the church in the 1970’s and 1980’s, emigration from the 1950’s to the 1980’s, together with cases on the structure and organisation of communist institutions and their repressive activities, including the processing of certain specific acts, particularly by the State Security in the 1970’s and 1980’s.
At 31 December 1998 the average length of detention in preparatory proceedings was 91 (-9) days and 129 (-16) days in proceedings before court. The proportion of juveniles in custody was 264 (-86), i.e. 3.7 % (-0.8 %) of the total number of persons accused.
Of the total number of 14 942 (+1 118) convicted offenders, 276 (+20) were imprisoned in open prisons, 4 921 (+58) in guarded prisons, 9 044 (+896) in secure prisons and 701 (+144) in high security prisons. The number of juveniles under sentence was 163 (-9), i.e. 1.09 % (-0.11 %) of the total number of convicted offenders
During 1998, the regime was eased for 685 (-150) convicted offenders and was made more strict for 210 (+2) convicted offenders. Leave of absence according to § 35 and § 36 of Act No. 59/1995 Coll. was granted to a total of 972 (+62) convicted offenders, 7 (+2) of whom did not return. Parole was granted to 3 126 (-202) convicted offenders.
In the course of the year there were two mass disturbances by prisoners, influenced by 109 % (-8 %) overcrowding in custodial prisons and 117 % (+5 %) overcrowding in penitentiaries. There were no escapes by accused persons from custody and convicted offenders in secure and high security prisons. 20 (-11) convicted offenders left unguarded buildings (workshops). 9 (-12) prisoners were prevented from attempting to escape.
In 66 (+4) cases, members of the Prison Service were attacked, both on and off duty. The danger from prisoners continues to increase, owing to the rising proportion of convicted offenders for crimes in connection with the use, production and distribution of drugs. Of 14 942 imprisoned offenders, 933 (+323) were convicted of such crimes. Discipline among convicted offenders is also negatively affected by insufficient employment, which in 1998 came to 41.66 % (-1.35 %) of convicted offenders able to work.45