2. Crime, Development in Individual Types of Crime and Security Risks
Criminal Statistics**
Court Statistics
The criminal statistics results are not directly comparable with those of the Ministry of Justice, which is responsible for the State Prosecutor’s Office and court statistics. This is caused by time differences. In some cases, there are differences of several years between the termination of the actual case in individual phases of prosecution. The police statistics record the cases at their very beginning, while the court statistics record them once they are closed. Another reason may be the fact that the criminal statistics record also the crimes committed by an unknown offender. Both the statistics cannot be compared because the Act Sections used for individual crime categories do not always correspond.
The introduction to this Chapter discloses only basic indicators relating to the total amount of crime and also points out considerable changes in the categories monitored. In respective sub-chapters the issue is further elaborated. The data included in the Report relates to the year 2000, unless otherwise stated. Further information concerning especially measures adopted is actual as of 28 February 2001.
The number of crimes detected by the Police of the Czech Republic decreased;
The development of crime remains substantially influenced by crime in the Capital City of Prague, where 27 % of all crimes detected in the Czech Republic were committed in spite of the fact that there was the highest decline in crimes within the Czech Republic’s regions.
The decline in the number of crimes detected was accompanied by a decline in the number of crimes cleared up and the detection rate decreased as well (the ratio of crimes detected and crimes cleared up) however the following facts should be taken into account: the detection rate for crimes against property is only around 26 %, for violent crimes it reached 80 %, and the detection rate for moral and economic crimes is higher than 95 %.
The trend of increasing damage determined and falling in damage secured
The number of crimes detected moderately fell in all crime categories monitored
The decline
Recorded instances of insurance fraud and credit fraud displayed a rising trend. The considerable growth in the failure to transfer taxes, statutory social land health insurance contributions continued. In spite of the decline in violent crimes the number of murders and of dangerous threats have increased. The significant decline, in the number of detected burglaries has continued. The decrease in the number of thefts of motorcycles recorded in 1998 and 1999 continued in the year monitored and a decline in the number of thefts of things from cars was recorded as well. Quite a considerable decline was recorded in the crime category ”unauthorised production and possession of psychotropic substances and poisons”.
The Investigation Bureaux recorded 131,515 (-2.5 %, -3,358) new offences against the law. One investigator was in charge of 54.7 files (56.5 in 1999, 54.8 in 1998). When taking into consideration the total number of files closed (133,575, -696) the number of cases terminated by bringing charges increased (80,690, +2,614).4
The results relating to the speed and quality of investigation were kept at the same level as in the previous year. The average length of investigation of a case closed by a proposal for bringing the charges (hereinafter PBC) remained almost constant at 65.6 days (65 days in 1999). The cases finished by PBC within 2 months showed the same values as the previous year when related to the individual kinds of crime – economic crime 73.1 % (73.3 % in 1999), crimes against property 69.8 % (70.1 % in 1999) and crimes of violence 58.3 % (60.4 % in 1999). The average length of examination (from receiving a complaint or from delivering a police proposal until the commencement of criminal prosecution) slightly extended to 15.1 days (+0.4 of a day). The extension of the period is affected by more files submitted by the police authorities for investigation without detecting an offender. Such an offender can be searched for after a search has been approved by a relevant state prosecutor
The quality of investigation evaluated by the portion of cases returned (6.1 %) by a state prosecutor or a judge has not changed and on a long term basis has remained at the same level. The state prosecutors and courts returned a total of 4,951 files. The most frequent reasons were formal errors by investigators, gaps in evidence, and orders for new expert opinions.
The measures adopted by the institutions involved aimed at a certain area of public order and internal security always form a part of a relevant Chapter. Since some of the measures are essential for the whole area of public order and internal security as well as for more comprehensive picture of the Government’s policy concerning this issue, Chapter 4 describes only issues of internal security.
2.1. Crime by Regions. Regional Variations
Basic demographic data:
Area in km2: 78,866
Number of inhabitants: 10,278, 098
Density of population
in the Czech Republic:
130 persons/ km2
Unemployment rate: 8.78 %
The sequence of the regions by absolute numbers of all kinds of crimes ascertained has not changed. The first three places are again taken by Prague, North Moravia, and South Moravia. A decline in the number of crimes detected was recorded in all regions and Prague and Central Bohemia saw the most significant decrease. Regarding the number of crimes against property as well as economic crime, the sequence of the first three regions corresponds with the sequence of the regions by absolute numbers of crimes ascertained; in terms of the largest number of crimes of violence North Moravia remains in the first place followed by Prague and South Moravia. .
The sequence of regions in terms of crimes ascertained per 10,000 inhabitants is different (except for Prague) from the sequence of the regions by absolute numbers of crimes ascertained. Prague, Central Bohemia and North Bohemia are the most affected regions in terms of offences ascertained per 10,000 inhabitants. South Bohemia, which is generally known by its lowest number of crimes detected, is in 6th place according to crimes per 10,000 inhabitants, while East Bohemia is in last, 8th, place and North Bohemia is in 5th place (however, it is the second region with respect to crimes ascertained).
106,974 crimes were detected in Prague, which accounts for 27 % of the total number of crimes committed in the Czech Republic. The development of crime in Prague also results from the specific situation typical for other large conurbations – high population density, extensive housing estates, anonymity, concentration of jailbirds, a high number of shops, institutions, etc. There was not a substantial increase in the numbers of crimes falling into the categories monitored, with the exception of a considerable growth in the number of crimes of tax curtailment or evasion and insurance frauds, in both categories the increase was 100 %. However, the Prague police recorded a decline in the number of crimes against property. Although there was a decline in car thefts the number of stolen cars (9,930 cases) is several times higher than in other regions, where it is from about 852 (South Moravia) to 740 (South Bohemia). In spite of a general decline, thefts from cars have remained a problem. Taking into account the number of crimes per 10,000 inhabitants the number of robberies in Prague is several times higher than elsewhere in the Czech Republic (15 per 10,000 inhabitants, while in other regions it is only 5); robberies in Prague accounted for 39 % of the total number of robberies). Other regions – North Moravia and South Moravia, where a high number of crimes have been recorded on a long-term basis, enjoyed the highest declines in crime. These two regions together with Prague hold the first places within the regions of the Czech Republic in the following crimes detected - robberies in financial institutions (1st-3rd place in the regions of the Czech Republic; this category has been monitored as an independent category since 2000), murders (2nd-4th place), robberies (1st, 2nd, and 4th places).
The situation in Central Bohemia has remained a problem although the region saw the second largest decrease in total crimes detected which gave it 5th place within the Czech Republic, behind North Bohemia. This region recorded the largest number of murders, which also means with the highest rise in this kind of crime (67 crimes, + 33 crimes). This was the only regions where the number of car thefts detected rose, it occupied second place in crimes of unauthorised production and distribution of psychotropic substances and poisons, burglaries, frauds, and it is in first place tax curtailment/evasion.
The issue in question is the relationship between the development of crime and the unemployment rate. The available data does not confirm such a relationship (see tables – Comparison of Crimes Ascertained per 10,000 Inhabitants and the Unemployment Rate in 2000).
According to the findings of "The Research Survey" the worst situation in terms of victimisation (the proportion of citizens directly affected by crime) was shown in South Bohemia (34 %; however, this ranks among the regions where people are most ready to help) and in North Bohemia (32 %; the view of criminality is here, more than any other region, connected to a range of other problems, especially concerns related to unemployment, people feel endangered by crimes against property and by crimes of violence). On the other hand, the best situation seems to be in Central Bohemia (14 %, quite a high feeling of being safe even in the evening in the environs of the home, and the trust in the police is to a certain extent high). In Prague, there is the lowest feeling of being safe at night in the home surroundings, however, there is the highest willingness to report a crime, the perception of parents that their children are in danger is higher, people are not willing to help so much, people are more reserved towards the police, and concerns having a rational core reflecting the impact of a large conurbation are expressed as mentioned in previous Reports. South Moravia ranks among the regions with a higher extent of concerns, there is a lower willingness to report crimes to the police and there are also larger concerns relating to corruption, terrorism, rapes or car accidents, while in North Moravia people are afraid of fraud, chicanery, and extortion, on the hand people expressed their higher satisfaction with the police’s work
For more details on crime development, specific features, risk factors in respective regions and on measures adopted in the regions – actions aimed at security, strengthening police patrols, etc. – see the second part of the Report – The Internal Security Situation in the Regions of the Czech Republic in 2000.
2.2. Misdemeanours 5
I. Development and Characteristic Features
In total, the members of the Uniform Police Service recorded 1,089,490 (-36,640) misdemeanours under the Czech National Council Act No. 200/90 Coll., on Misdemeanours, as amended. Out of them, most of the misdemeanours were in traffic safety and flow (under Sec. 22 of the Act cited) – 71.6 %, however this kind of misdemeanour displayed the largest decline. It is followed by misdemeanours against property (Sec. 50 of the Act cited.), against public order and civic coexistence (Sections 47 - 49 of the Act cited.), and misdemeanours concerning alcoholism and drug abuse where a moderate increase was recorded.
Within fine and penalty proceedings solved by the Uniform Police Service the number of misdemeanours decreased while the amount collected rose.
Furthermore, the Uniform Police service reported or tabled (Sec. 58 (1) (3a) of the Act cited.) in total 167,449 (-12,036) misdemeanours. They left in abeyance (Sec. 58 (3b) of the Act cited), a total of 123,307 (-3,558) misdemeanours, of which in 99,929 (-3,095) cases the offender was not detected.
The number of traffic misdemeanours committed by motor vehicle drives and recorded by traffic police quite markedly decreased, the number of traffic misdemeanours committed by other parties to the traffic slightly increased. Such misdemeanours were usually caused by exceeding the speed limit. The police imposed fines totalling CZK 348 million.
II. Measures Adopted
The Draft Amendment to Act No. 200/1990 Coll., on Misdemeanours, as amended, introduces new measures of misdemeanours relating to the unauthorised execution of rights which are, subject to relevant acts on the protection of industrial property, reserved only for their respective owners, new measures of misdemeanours in the field of transport, road and railway management, explosives and registers). Simultaneously, higher fines are proposed for some kinds of misdemeanours.
The subject of the draft factual legal intent on Administrative Punishment shall be a comprehensive substantive and procedural legal provision regulating issues of administrative offences, including misdemeanours.
2.3. Offenders
I. Development and Characteristic Features
Criminal Statistics
of which:
Court Statistics
The criminal statistics results are not directly comparable with those from the Ministry of Justice, which is responsible for the State Prosecutor’s Office and court statistics. This is caused by time differences. In some cases, there are differences of several years between the termination of the actual case in individual phases of prosecution. The police statistics record the cases at their very beginning, while the court statistics record them once they are closed. Another reason may be the fact that the criminal statistics record also crimes committed by an unknown offender.
Despite the number of total crimes recorded by the Police of the Czech Republic (hereinafter ”the Czech Police”) falling by more than 8 %, the number of offenders rose by 1.8 %. The increased number of offenders was recorded mainly in relation to economic crimes. According to the Czech Police the reason for the increased number of offenders lies in the better detection of organised groups where more than one person participate in a crime, and also in more accurate statistical records (e.g. while protecting pirate CDs). The number of male offenders (18 years and older) investigated for crimes represented 75.7 % of the total number of crimes; female offenders (18 years and older) represent 10.7 % of the total number of offenders. The Czech Police recorded 44,368 offenders aged 20 – 30 (this age category corresponds to the strongest population growth years, 1970-1975), which means that offenders in this age category account for 34.1 % of the total number of offenders recorded, while offenders between 30 and 40 years of age account for 25 %. The number of offenders of selected kinds of crime according to their age can be divided into approximately 5 groups. The most numerous group of offenders is formed by offenders having primary education and a certificate of apprenticeship, followed by a group which differs from the first only in numbers of larcenies. This group is represented by offenders having primary education and no qualification and by offenders whose education was not ascertained or by foreigners or children respectively. The third group does not have so many ”members” with the exception of offenders of economic crime and it is represented by offenders having secondary education. These groups are followed by a group with markedly lower number of offenders – offenders who graduated from universities, and this fourth group differs from the fifth one only in the higher number of offenders who committed economic crime, while the number of offenders who committed crimes of violence and moral crimes (special school + a certificate of apprenticeship, special school + no qualification, unfinished primary education + a certificate of apprenticeship, and finally unfinished education + no qualification). In this fifth group there are more burglars than in the third group (secondary education).
The Investigation Bureaux notified 110,853 (110,867 in 1999) persons of a charge. In total, criminal prosecution (with the transfer of prosecuted persons from the previous period) was taken against 130,822 (+419 persons) accused persons. 43,635 persons, who were suspected of committing crimes were investigated, but were not accused in the year monitored. The number of cases in which it is not possible to notify a person of a charge since he/she is not present were 4,252 (+574) of these administratively ”closed” files (once the place of residence of the offender is found, he/she will be notified of a charge).
The courts of justice in the Czech Republic lawfully sentenced a total number of 63,211 persons (+616, +1.0 % in 1999). Most persons were prosecuted for a larceny/theft (Sec.247 of the Criminal Code; 42,275 persons), the charges were brought against 27,610 persons. In total, 3,281 persons committed an offence under the influence of alcohol (5.2 %, 8.1 % in 1999) and 361 persons under the influence of other addictive substance (0.6 %, 1.0 % in 1999). The structure of crimes has not substantially changed. 26,065 (+925) persons were lawfully sentenced for crimes against property, 4,216 (-1,870) persons for traffic offences, and 2,782 (+167) persons for crimes of violence.
The North Moravian courts sentenced the highest number of persons - 13,196 (20.9 %) (16,402, 26.2 % in 1999), followed by the courts of North Bohemia – 10,165 (16,1) (12,557, i.e. 20.0 % in 1999), the courts of Central Bohemia – 9,425 (14,1 %) (11,525, i.e. 18.4 % in 1999), the courts of Prague - 8.828 (14,0 %) (10,915, i.e. 17.4 % in 1999) and the lowest number of sentenced persons – 3,572 persons (5,7 %) (4,814, i.e.7.6 % in 1999) come from South Bohemia.
In the structure of sentences, the suspended prison sentence dominated (35,617), 14,113 persons were sentenced to punishment without suspension and separate pecuniary punishments were imposed on 3,571 persons. Sentences without suspension were most frequently for up to one year on 9,365 persons; sentences ranging from 1 to 5 years were imposed on 4,129 persons, from 5 to 15 years on 602 persons, exceptional sentences from 15 to 25 years were imposed on 15 persons and 2 persons received life sentences.
10,801 accused persons were taken into custody. As at 31 December 2000 there were 5,967 (-967) persons in custody and 15,571 (-555) persons were imprisoned, in total there were 21,538 prisoners (-1,522). Of the total number of prisoners, 18,164 (-749) persons were Czech nationals, 2,534 (-431) were foreigners, while 840 (-342) prisoners had not received a decision, whether they are Czech or Slovak nationals.
2, 809 persons of the total number of 5,967 persons in custody underwent preliminary proceedings, while 3,014 persons underwent judicial proceedings. The average length of custody was 83.5 (-0.9) days in the preliminary proceedings, 132 (+12) days in judicial proceedings and 153 (+40) days in expulsion custody. The average total length of custody from its warrant was 180 (+16) days. The share of juveniles in the total number of persons in custody was 163 (-64) persons, accounting for 2.7 % of the total (3.3 % in 1999).
Of the total number of 15,571 persons sentenced, 339 (+28) were in prisons with supervision, 5,411 (+123) in prisons with surveillance, 8,800 (-779) in guarded prisons, and 911 (+94) prisoners in heavily guarded prisons. 110 (-21) sentenced persons were imprisoned in prisons for juveniles, which accounts for 0.7 % of the total. In the course of 2000, 1,145 (+346) sentenced persons got mitigated treatment, while 255 prisoners (+25) were transferred to more restricted treatment. 3,989 (+690) sentenced persons were conditionally discharged.
Escapes and attempts to escape continued from non-guarded facilities (however their numbers have decreased), the numbers of collective riots increased mainly riots in the form of refusing food. The number of attacked members of the Prisoners’ Service moderately decreased, most of them were attacked in cells, during liberties in yards, in the corridors, during technical check ups and in sick rooms.
In the course of 2000, there were 5 serious events relating to the Prisoners’ Service in the
Czech Republic:
1) Collective riots (January 2000) in 22 prisoners with the participation of 5,572 prisoners.
2) The escape of a prisoners *(1 prisoner or more) from a guarded working site of the prison in Vinaøice (mine Schoeller) – June 2000
3) The escape of a prisoner from Kuøim prison – October 2000
4) The escape of a prisoner from Mírov prison – October 2000
5) The escape of a prisoner from Všehrdy prison – November 2000
II. Measures adopted
The Prisoners’ Service has analysed the reasons for the riots in prisons and escapes from prisons and on the basis of such analyses they determine rules and check whether the rules are respected.
The attention of the Ministry of Labour and Social Affairs and Prisoners’ Service was devoted to the extension of the implementation of programmes aimed at preparing prisoners for them being at liberty with the emphasis put on continuous social work, enhancing implementation of programmes focusing on the treatment of juveniles and young prisoners (the obvious qualitative procedures have been put into place in the area of the treatment of young people) and on developing prisoners’ education (a training programme for prisoners was extended by three professional courses).
A detail analysis of re-socialisation programmes for sentenced persons is contained in the document ”The Strategy of Crime Prevention in the Czech Republic up to 2000” (in the first half of 2001 this Strategy will be submitted to the Czech Government). The education of prisoners include the possibility of getting certificates of apprenticeship and similar certificates, group advisory services, psychological therapy, etc. concentrated mainly on the provision of social skills, etc. Drugs continued to be monitored, 20 % of persons sentenced to jail are either direct drug addicts or they take addictive substances from time to time.
The next steps will be based on ”The Strategy of Crime Prevention in 2001-2003”.
2.3.1. Crimes Committed by Repeated Offenders
6I. Development and Characteristic Features
Criminal Statistics
Court Statistics
The criminal statistics results are not directly comparable with those from the Ministry of Justice, which is responsible for the State Prosecutor’s Office and court statistics. This is caused by time differences. In some cases, there are differences of several years between the termination of the actual case in individual phases of prosecution. The police statistics record the cases at their very beginning, while the court statistics record them once they are closed. Another reason may be the fact that the criminal statistics also record crimes committed by an unknown offender. Also the statistics cannot be compared because the Act Sections used for individual crime categories do not always correspond.
The proportion of repeated offenders (i.e. persons whose relapse was recorded by the Czech Police) was 29.7 % in the offenders’ structure which meant a moderate increase (in 1993 it accounted for 32.9 %, whilst in 1999 it was 28.2 %).
In total repeated offenders committed 35.6 % of all cleared up crimes. The share of repeated offenders in various kinds of crime offences shows their orientation. Repeated offenders committed 868 armed crimes, i.e. 24.9 % of the total number of armed crimes. Most crimes committed by repeated offenders remain within crimes against property, where larcenies dominated. The number of crimes of violence committed by repeated offenders has stagnated while the number of moral crimes has declined. On the other hand the number of economic crimes committed by repeated offenders has risen.
Of the total number of sentenced persons, the courts designated 9,932 as repeated offenders (15.7 %; in 1999 15.8 %; in 1998 17.7 %). They were most often sentenced for crimes against property – 3,728 persons (37.8 %; in 1999 49.6 %; in 1998 47.5 %). 5,563 repeated offenders were sentenced to punishment without suspension, while 2,282 persons were sentenced to a suspended sentence.
The most repeated offenders were sentenced, as in the previous year, by the North Moravian courts – 4,278 (3,464), followed by North Bohemian courts – 2,448 (2,305) and by South Moravian courts – 1,910 persons.
2.3.2. Crimes Committed by Foreigners
I. Development and Characteristic Features
Criminal Statistics
Court Statistics
The criminal statistics results are not directly comparable with those of the Ministry of Justice, which is responsible for the State Prosecutor’s Office and court statistics. This is caused by time differences. In some cases, there are differences of several years between the termination of the actual case in individual phases of prosecution. The police statistics record the cases at their very beginning, while the court statistics record them once they are closed. Another reason may be the fact that the criminal statistics also record crimes committed by an unknown offender. Also the statistics cannot be compared because the Act Sections used for individual crime categories do not always correspond.
The proportion of foreigners among prosecuted persons in the Czech Republic has oscillated around 6 % since 1993. Using the qualified estimate based on the police statistical databases it can be stated that less than one third of foreigners prosecuted in 2000 were foreign nationals having a permanent residency permit or a long-term residency permit for over 90 days. Although the number of recorded criminal offenders rose, the number of prosecuted foreigners stagnated or moderately decreased both if the offenders were citizens of Slovakia as well as the number of foreigners originating from other countries. With respect to long-term development the number of Slovak citizens prosecuted has declined (since 1994 until the end of 2000 by 55.5 %), on the contrary, the number of other foreign offenders has increased markedly (since 1994 until the end of 2000 by 124.9 %). Slovak citizens (1,983 persons, i.e. 27.3 %) are followed by citizens of Ukraine (1,666 persons, i.e. 22.9 %) and Vietnamese nationals (850 persons, i.e. 11.7 %).
The investigated and prosecuted foreign nationals committed 5.7 % of the total number of criminal offences cleared up. Since 1994 this indicator has varied between 5.7 % and 7.2 %. The number of cleared up economic crimes and crimes against property considerably fell and the same applies to cleared up burglaries and crimes of violence, while the number of cleared up larcenies and moral crimes committed by foreigners has stagnated. Foreigners often commit violent crimes within their own ethnic groups.
The total number of sentenced foreigners was 4,558 (7.3 % of the total number of persons sentenced; in 1999 7.6 % and 5.8 % in 1998). Most of these sentenced persons were citizens of Ukraine (1,278 persons, 1,049 in 1999) and of the Slovak Republic (1,159 persons, 1,649 in 1999). 1,428 were sentenced without any suspension of sentence, while 983 foreigners received a suspended sentence.
The Prague courts sentenced the majority of foreigners (1,420 persons, 1,264 in 1999) followed by the South Moravian courts (721 persons, 697 in 1999).
2.3.3. Crimes Committed by Youth
I. Development and Characteristic Features
Criminal Statistics
Court Statistics
juvenile sentenced 4,252
(-471, - 12.5 % in 1999)
The criminal statistics are not directly comparable with those of the Ministry of Justice , which is responsible for the State Prosecutor’s Office and court statistics. This is caused by time differences. In some cases, there are differences of several years between the termination of the actual case in individual phases of prosecution. The police statistics record the cases at their very beginning, while the court statistics record them once they are closed. Another reason may be the fact that the criminal statistic also record crimes committed by an unknown offender. Also the statistics cannot be compared because the Act Sections used for individual crime categories do not always correspond.
The proportion of children and juveniles in the total number of offenders has remained approximately the same. On a long-term basis (since 1993) the number of child offenders has increased by 19.9 % and the number of crimes committed by children by 26 %. According to police statistics the number of child offenders reached its height in 1996 and the number of crimes they committed in 1999; the number of juvenile offenders and the number of crimes they committed reach it’s climax in 1996. It is also necessary to mention latent offences committed by children and juveniles such as chicanery (very often this kind of crime is made light of; as for extortion– the second most frequent group is formed by children aged 7 - 15), minor thefts in shops, in the streets etc. When converted to offences per 10,000 children in the Czech Republic, there were 59,8 cleared up offences in 2000 (71.2 in 1999; 67 in 1998). When converted to offences per 10,000 juveniles in the Czech Republic, there were 325.8 crimes cleared up in 2000 (359.8 in 19999; 388.6 in 1998).
A long-term trend seen in crimes committed by youth is brutality and skills by which more or less all kinds of crimes can be committed. More crafty forms are being used. Youth criminal activities are aimed mainly against property (mainly larcenies) where policemen do not find any differences from similar crimes committed by adult offenders. The number of crimes of violence committed by children almost equals the number of such crimes committed by juveniles. Juvenile offenders committed 5 murders (one less than in 1999), the number of crimes classified as injuries to health have risen. In terms of moral offences committed by young people, the motivation is mainly the desire to get sexually acquainted with peers. As for drug offences there is a desire to try something unknown. A range of negative factors usually has a cumulative influence (poorly functioning families, gangs of peers, more delinquents among unemployed young people, truancy, as well as the use of alcohol and other addictive substances). Attention is paid to truancy, which is considered to be a serious criminal factor. The significance of the surrounding conditions in terms of child development (from the point of view of respondents) is confirmed by the data showing the feelings that children and youths might be endangered. Respondents expressed the concerns that their child (aged 5 –17) could be a victim of a car accident (55 %), could become a drug addict (40 %), or a member of a gang or even a street gang (33 %).
The crimes committed by youths under the influence of non-alcohol addictive substances have changed in recent years in a negative way. The fact that drugs are distributed at primary schools and in various training centres for children and youth is alarming. The rise of narcotic drug and psychotropic substance addiction has been confirmed. On the other hand, due to the application of the amendment to the Criminal Code, the activity and number of drug dealers, mainly in the streets, has been successfully limited and decreased. Children committed 149 crimes of unauthorised production and distribution of narcotic and psychotropic substances (i.e. 4.1 % of the total number of recorded crimes of this nature); juveniles committed 509 such crimes (i.e. 14 %). Youths are more involved in extremist groups.
4,252 juvenile persons (6.8 %, 7.5 % in 1999) were sentenced. Property crimes are still the most frequent crimes – 1,637 persons (38.5 %, 49,9 % in 1999) were sentenced. 35 juveniles were sentenced for crimes of a racial nature. 2,721 persons were given suspended sentences while 432 persons were sentenced to custody without suspension.
The North Moravian court sentenced the highest number of juvenile offenders (1,176, 1,061 in 1999), followed by the North Bohemian courts (1,037, 961 in 1999) and the South Moravian courts (730, 655 in 1999).
Crimes committed against young people are alarming. The background for the emergence of subsequent criminal activities is also created by such crimes. The consequence for a victim of such a crime is mainly psychological, behaviour disorders, development of tendencies to perceive violence (it does not have to be only sexual violence) as an acceptable behaviour principle, and the risk of asocial behaviour increase. The most serious cases have remained sexual abuse and cruelty to a person in one’s charge. A significant feature of those crimes is the high latency which is given by the low reporting rate for such cases from the side of victims, or the impossibility of proving such a crime.
II. Measures Adopted
In the field of child and juvenile crime prevention an experimental project – ”Prompt Intervention Centre” (hereinafter called "PIC") in Ostrava which has been implemented (with the close co-operation of the Ministry of Labour and Social Affairs, the Ministry of Justice and the Ministry of the Interior). This project represents the practical output of ”The Proposal to a Systemic Approach to the Care of Child and Juvenile Delinquents” (Government’s Resolution1032 dated 6 October 1999). Within PIC there is a systemic co-operation of local bodies for social and legal protection of children, the Czech Police, probationary services, self-governing bodies, educational institutions and non-governmental non-profit organisations with the aim to create conditions for social remedy intervention in the case of the delinquent conduct of youth. In a social remedy process the client and his/her family are not objects, but they represent an active subject of a system who participates in the efficient remedy of an unfavourable condition. As of 31 December 2000, 803 clients who had committed 1,774 criminal offences were involved in the project.
255 projects were implemented within the ”Comprehensive Co-operation Programme of Crime Prevention” at the local level. The target groups were risky groups of children and youths. Such projects were implemented in 60 cities and were subsidised with CZK 28,266, 000.
The Ministry of Labour and Social Affairs (MLSA) by its use of consultancy days ensures methodological assistance to providers of services called ”half-way house”. There are 14 of these in the Czech Republic.
Regional conferences of youth protectors and social defenders as well as regional meetings of social workers dealt with the preparation of a change in methodological management towards regional needs. Working Parties have been established as well.
In June 2000, a meeting of an advisory body to the Minister of the Interior under the name ”Round Table” was held. It dealt with ”issues concerning trading in women and the commercial abuse of children”. This advisory body is composed of representatives of state administration (ministries and the Czech Police), self-government and non-governmental non-profit organisations; this advisory commission was officially established to solve issues of trade in women and the commercial abuse of children by the Minister of the Interior’s Instruction No. 11 dated 8 February 2001.
Measures adopted in this field cannot only be
The objective of ”The National Plan of Combating Commercial Sexual Abuse of Children” is mainly to enhance the legislative framework to enable issues relating to the commercial sexual abuse of children to be solved, to increase the efficiency of prosecuting such crimes, to improve co-operation in a system of prevention and education, and to strengthen the protection of victims and witnesses.
The last part of a six-year cycle of education for social assistants from the Czech Republic was held in co-operation with the MLSA and Saxony.
The system of preventative education at schools and educational institutions is defined especially by the document issued by the Ministry of Education, Youth, and Sports (MEYS). They are: The Concept to Prevent Addictive Substance Abuse and Other Pathological Social Phenomena Concerning Children and Youth Until 2000” (including a relevant methodological instruction; the MEYS continued to implement minimal preventative programmes for schools and educational institutions (hereinafter referred to as ”the MPP”; their utilisation is described in a methodological instruction as binding and it is supervised by the Czech School Inspectorate), these programme are aimed at those abusing addictive substances, xenophobia,, racism, truancy etc. Educational activities, special programmes and programmes aimed at co-operation with parents, creating communication skills etc. are implemented within these programmes as well. The MPP contributed, according to the analysis of 254 such programmes, to comprehensive and systematic preventative effects in regional education. The majority of these projects are prepared for continuous multiyear education. Unfortunately, the prevailing method used within these programs is discussion or a lecture.
The Ministry of the Interior organises an educational programme for selected participants from the Czech Police, city and municipal police, and professionals dealing with crime prevention. The object of a project "Street Law – the Law for Everyday" is, through trained experts, to increase legal consciousness of children and youth while using acceptable pedagogical methods.
A project “Centres of a Healthy Life Style” has been supported for three years. This project aims at training methodologists for primary prevention, students at Teacher Training Institutes and teachers from schools.
Attention is paid to chicanery, and therefore the MEYS developed a methodological instruction aiming at preventing and resolving chicanery amongst pupils. Greater attention is still devoted to risk groups of young people, especially to clients of the ”Centres of Educational Care”, and also to preventative diagnostics, etc.
An important item in the system of penal justice will be the Draft Act on the Liability of Youth for Illegal Acts and on Judicial System Concerning Youth (being prepared just now). This Act should ensure new and up-to-date methods of treating non-adult delinquents and to stop any unfavourable tendency towards the growth of new criminal generation of offenders.
The Government adopted in January 2001 the Draft Act on Execution of Institutional and Protective Care and on Preventative Educational Care in Educational Institutions. This Act should create the conditions for improving activities in Institutions of Youth Care and in Children’s Homes including the determination of basic activities of such centres as significant institutions for preventative care.
To strengthen prevention of crimes committed by youth as well as the prevention of crimes against youth the Police President proclaimed the year 2001 to be ”The Year of Juniors”. (The Czech Police for example will organise more discussions and meetings with youths.)
The MLSA in co-operation with Saxony prepared an international conference ”Field Social Work with Youth – Present and Future” which was held in April 2001.
The conceptual intentions of the Ministry concerning prevention of social pathological phenomena will follow up The Strategy of Crime Prevention in 2001 – 2003.
2.3.4. Crimes Committed by Members of the Czech Police, Czech Army, Employees of the Customs Administration, and Members and Civilian Staff of the Czech Prisoners’ Service
8Crimes committed by members of the Czech Police
I. Development and Characteristic Features
Criminal Statistics
Court Statistics
policemen sentenced 109 (+7, 6.9 %)
The criminal statistics results are not directly comparable with those of the Ministry of Justice, which is responsible for the State Prosecutor’s Office and court statistics. This is caused by time differences. In some cases, there are differences of several years between the termination of the actual case in individual phases of prosecution. The police statistics record the cases at their very beginning, while the court statistics record them once they are closed. Another reason may be the fact that the criminal statistics also record crimes committed by an unknown offender. Also the statistics cannot be compared because the Act Sections used for individual crime categories do not always correspond.
The Ministry of the Interior Inspection recorded an increase in the number of policemen prosecuted and crimes ascertained. In a multiple year horizon there have been more crimes committed by policemen. The dynamic by which the number of crimes committed by policemen has increased means the highest number of policemen-offenders to date, however the number of such crimes cleared up is also the highest so far. The data only concerns ascertained and cleared up crimes. The rise in the delinquency of policemen rather, means a decrease in the level of latent crime (for example the number of cleared up crimes of insurance frauds committed in this period commenced in the previous years), than the absolute increase in crimes committed by policemen (the same applies to 1999). Improved co-operation with the Czech Police also meant the improved detection of such crimes. The dynamics with which the numbers of crimes are cleared up proves the efforts of the Inspection of the Ministry of the Interior as well as of the Czech Police to thoroughly and totally investigate each case.
As for the shares of the individual regions in the total numbers of ascertained offenders, most crimes were committed by the policemen on duty in Prague (the largest increase) and in North Moravia (in spite of quite a considerable decrease). A high increase was recorded in Central Bohemia. It should be taken into account that the duty place is recorded at the time the crime was committed and does not have to correspond with a policeman’s membership in the relevant regional office of the Czech Police).
If we compare the number of ascertained policemen-offenders with the total number of policemen on duty in the relevant region, the largest delinquency of 1.1 % was recorded in Central Bohemia (in 1999 this region ranked among the regions with the lowest value) and in North Moravia with 1 %; the smallest share was in South Moravia (0.6 %) and West Bohemia (0.6 %).
In the total number of offenders (389), investigations were concluded in 215 cases, 191 by means of bringing charges in accordance with Sec. 166/3 of the Code of Criminal Procedure. In 16 cases there was a withdrawal of prosecution (Sec. 159/2 of the Code of Criminal Procedure with the reference to Sec. 11/1; Sec. 159/3 of the Code of Criminal Procedure with the reference to Sec. 172/2a, 2b of the Code of Criminal Procedure); 4 cases were adjourned (Sec. 159/2 of the Code of Criminal Procedure, amnesty pursuant to Sec. 11/1a of the Code of Criminal Procedure); in 2 cases the prosecution was terminated (Sec. 172 of the Code of Criminal Procedure), in one case it was discontinued (Sec. 173/1a of the Code of Criminal Procedure) and in one case it was terminated with suspension (Sec. 307 of the Code of Criminal Procedure).
The ratio of junior policemen-offenders (283 offenders) to senior police officers (106 offenders) has remained stable (73:27). In previous years, the percentage ratio of junior policemen to senior police officers in terms of crimes committed was very similar (69:31 in 1999, 71:29 in 1998, 63:37 in 1997 a 67:33 in1996).
Despite a moderate decrease, the largest group in terms of age was formed by the youngest policemen up to 30 years of age (45 %, in 1999 47 %, in 1998 51 %). This feature is, as in the previous years, also closely related to the length of duty service in the Czech Police. Policemen in service for less than 5 years committed a total of 212 offences (135 in 1999, 156 in 1998), policemen with service experience between 5 and 10 years committed 257 crimes (190 in 1999, 134 in 1998) and policemen who had been in service for between 10 and 15 years committed 37 crimes (43 in 1999, 30 in 1998), and policemen with 15 to 20 years experience committed 46 crimes (21 in 1999, 22 in 1998). More than three quarters of crimes cleared up were committed by policemen who had been in service for less than 10 years. For a large share of young policemen this is a consequence of their lack of life and professional experience. The category of prosecuted policemen with shorter periods of service is, to a large extent, identical to the category of offenders aged 20 - 30.
Of the total number of 603 crimes detected 386 offences were committed on duty, while 217 crimes were committed off duty. This situation corresponds to 1999 (Policemen committed 282 crimes on duty and 156 offences off duty. In 1998, the situation was different - 165/208).
The classification of the 389 offenders can be broken down as follows: uniform police (210, +36), traffic police (83, +20), criminal police (28, -7), immigration and border police (25, +7) and investigation bureau staff (20, +5). The large proportion of uniform police results from the high numbers of uniform police and also by the fact that the members of uniformed police are the youngest ones.
In the structure of offences committed by policemen, crimes classified as abuse of power by a public official (237 crimes, 166 crimes in 1999 and 104 crimes in 1998), account for more than 39 % of the total number of crimes committed by the members of the Czech Police. 49 insurance frauds were cleared up (in 1999, when such kind of crimes was recorded for the first time, only 12 such offences were cleared up), 50 offences of fraud (44 crimes in 1999 and 26 crimes in 1998). After the decrease of crimes classified as wilful injury to health growth was again recorded (39 crimes, +22 crimes). 41 traffic offences cleared up (Sec. 179, 180, 184, 201, 223, 224, 257) was the second lowest value since 1993. Policemen also committed 14 (+4 crimes) offences of bribery under Sec. 160-162.
In the course of the period monitored the Czech Police handled more than 5,000 complaints, notifications and other notices concerning activities of police units and their members, out of them 700 were legitimate which predominantly concerned a laggard approach of the police to fulfil their duties or the incorrect interpretation of legal provisions from the side of the police. A specific area was represented by examining complaints relating to police intervention during the demonstrations against the International Monetary Fund/World Bank Meeting (herein after IMF/WB Meeting) Such investigations were watched by our public as well the public abroad (a complaint was for example given by the organisation the Human Rights Watch and by the International Federation for the Human Rights having their headquarters in Paris). Legitimate complaints concerned, for example, the cases when a policeman did not allow a participant to prove his/her identity, a person bought in was photographed and his/her fingerprints were taken without any legal reason. With respect to criminal legal cases a policeman, that did not wear a uniform, used a wooden stick against an activist. The case was qualified by the Inspection of the Minister of the Interior as a misdemeanour against discipline. Investigation of a complaint against the procedure taken by the local police department in Prague 3 was suspended, an actual person who could have committed an offence, was not detected.
In total 109 (+7 persons) members of the Czech Police were lawfully sentenced (0.2 % of the total number of sentenced offenders). The offenders were most frequently sentenced for abuse of power by a public official (39, in 1999 33; Sec. 158 of the Criminal Code.) and for bribery taking (16, Sec. 160 of the Criminal Code) followed by injury to health through negligence (10, Sec. 224 of the Criminal Code.).
The Prague courts sentenced the highest number of offenders (42, in 1999 23) followed by North Moravian courts (34, in 1999 17). The South Bohemian courts sentenced the lowest number of policemen-offenders (4, in 1999 2).
According to the regular research of the Institution for Public Opinion (hereinafter denoted as IFPO) held in October 2000 56 % of respondents trusted the police, in comparison with February 2000 the positive evaluation increased by 10 % (according to the research performed by STEM agency the number of people who trusted the police increased by 19 %). The lowest level of trust to the police was displayed in 1997 (23 %). The November IFPO survey showed that the positive evaluation concerned police work generally (16 % in 1999) as well as the police intervention against demonstrations during the IMF/WB meeting in September (16 %). On the other hand, the negative evaluation relates mainly to corruption and other crimes among policemen (29 %).
Further research of IFPO aimed at the question ”What security areas and which kinds of crime should the police pay more attention to?” showed that half of the public consider it necessary to pay attention to actual negative phenomena such as organised crime and corruption, more than two fifths of respondents mentioned street crime (thefts, robberies) and murders.
In surveys conducted by UNIVERSITAS one of the questions was aimed to find out the reasons why a victim does not report a crime. Doubt whether the offender would be detected (47 %) and unwillingness to undergo investigation procedures (17 %) were given as the decisive reasons for failure to report a crime. Almost half of those who reported a crime to the police, considered their reaction to be fair and adequate to the situation. Only every fifth person stated a negative experience (unwillingness or no response). The attitudes towards the individual aspects of police work have not changed very much, people only criticise a ”lower visibility” of the police (68 % of respondents fully agree or rather agree that they meet policemen in their street only very rarely). 45 % of respondents conceded that the police had professional competences 30 % of respondents believed that the majority of policemen are interested in performing their service well, whilst on the other hand 46 % of respondents thought that it is very easy to find a job with the police.
II. Measures Adopted
A binding instruction of the Police President was issued to eliminate any possibility to manipulate fine tickets and money collected on fines and penalties
An emphasis will be put on checking up procedures as a necessary part of prevention against irregular conduct of policemen
The Report on Corruption
Further measures which should contribute to the elimination of crimes committed by the Czech Police (e.g. a new Act on Police service, career order, the process of hiring new policemen) form also a part of activities of the Ministry of the Interior in the field of human resources and training ( p. 119-124)
Crimes Committed by the Members of the Army of the Czech Republic
I. Development and Characteristic Features
Criminal Statistics
Court Statistics
Czech Army members
sentenced 1,528 (-309, - 25.3 %)
The criminal statistics results are not directly comparable with those of the Ministry of Justice, which is responsible for the State Prosecutor’s Office and court statistics. This is caused by time differences. In some cases, there are differences of several years between the termination of the actual case in individual phases of prosecution. The police statistics record the cases at their very beginning, while the court statistics record them once they are closed. Another reason may be the fact that the criminal statistics also record crimes committed by an unknown offender. Also the statistics cannot be compared because the Act Sections used for individual crime categories do not always correspond.
National servicemen (compulsory military service) (95 %) form a decisive part of crime offenders. There were 160 crime suspects per 1,000 national servicemen (166 in 1999, 167 in 1998). 10 persons per 1,000 professional soldiers were investigated as suspects (11 in 1999, 12 in 1998). For professional soldiers, the soldiers up to 35 years of age were most frequently among criminal offenders (approx. 50 % of all investigated persons in this category, while in 1999 the value reached 60 %).
Despite the positive decline in the number of investigated cases in the category of military crimes (in comparison with 1999 there was a more than 14.5 % decrease), the proportion of military crimes (Chapter XII of the Criminal Code) of the total number of crime offences is still 66 %. Crimes against property and economic crimes represent 26 %, while other crimes account for 8 %. National servicemen committed, in terms of military crimes, mainly the crime of absence without leave and desertion (almost 49 % of the total number of military crimes). The military police investigated 204 (256 in 1999) offences of violation of soldiers’ rights and protected interests (Sec. 279a and 279b of the Criminal Code), so called bullying (-20 % in 1999); this crime accounted approximately for 4 % of total crimes committed by the members of the Czech Army (CA) (4.5 % in 1999, 5.2 % in 1998). In almost all cases the offenders of such offences were national servicemen (98 %).
The military police investigate 18 cases on suspicion of unauthorised arming, 16 cases which involved theft of arms, explosives agents, ammunition, and other army material. Out of this number, 7 cases involved more serious thefts of army material (guns, machine guns 58, RG F-1, explosive agents, etc.). Moreover, the military police investigated 20 cases aimed at getting smaller quantity of ammunition or other army material; these cases were classified as misdemeanours. Furthermore, the military police recorded 306 car accidents caused by military drivers, the main reason remained bad driving (65.5 %) and excessive speed (17.4 %); a car accident under the influence of alcohol was not detected.
The public attitude towards the area within the responsibility of the Ministry of Defence is influenced by findings about crimes against property and economic crimes committed in this field –4 files (out of 7) were transferred to the Investigation Bureau and the Czech Police.
410 persons were examined in terms of abuse of narcotics (370 in 1999, 189 in 1998), which means that the rate of increase of the previous years had slowed down. Other data remains constant - in 99 % cases this offence was committed by national servicemen, about 90 - 95 % persons abused soft drugs, mainly marijuana, real drug addicts represented about 1-3 % of persons examined.
In total, 1,528 members of the Czech Army were sentenced (2,5 %, in 1999 2,9 %; offences of absence without leave under Sec. 284 of the Criminal Code. - 420 persons (27.5 %, in 1999 27.0 %) and desertion under Sec. 282 of the Criminal Code - 132 persons (8.6 %, 11.2 % in 1999).
The Central Bohemian courts sentenced the highest number of offenders (374, 470 in 1999), followed by the courts of South Moravia (311, 381 in 1999); the Prague courts sentenced the lowest number of soldiers (47).
II. Measures Adopted
The military police in co-operation with the special services of the Czech Police and the bodies under the responsibility of the Ministry of Defence participated in investigating and verifying findings on qualified crimes against property and economic crimes within the bodies under the Ministry of Defence. A special working party was established to solve such problems.
The amendment to the Armed Forces Act introduces systematic preparation of the members of conscription committees in co-operation with District Councils which will be aimed also at anti-drug prevention. In this respect doctors working in sick rooms were trained. Preventative actions aimed at the detection of drugs using service dogs were successful. Advisory services, which were showed to be very important, were facilitated, the Open Army Line proved to be useful. As a part of prevention specially focused sports, cultural and other events were organised. The whole area of prevention of pathological social phenomena in army units is described in full detail in The Strategy of Crime Prevention Until 2000.
The project "The Law for Everyday" should provide a basic orientation in the rules of law and various legal provisions which could be used in soldiers’ everyday life.
The training will be aimed at extending information on the danger caused by pathological social conduct; special attention will be paid to the members of foreign mission of the UN. Psycho-diagnostic examinations will be in risk areas related to national servicemen who newly join the compulsory military service.
Crimes Committed by the Customs Administration Staff
I. Development and Characteristic Features
On the basis of special inspections 15 customs officers were found guilty and dismissed (26 in 1999), 8 (the same number as in 1999) customs officers were suspended from duty, in 198 cases (219 in 1999), the salary of customs officers was reduced. 72 cases were transferred to the penal proceedings authorities. The measures taken also related to civil employees – with written notification in 5 cases and in 1 case the salary was decreased.
II. Measures Adopted
The Code of Conduct of a Customs Administration Employee was adopted which represents one of the fundamental preventative measures taken (published also on Intranet sites).
The other measures adopted were as follows: "Customs Ethics" (within a Phare Project) and "Benchmarking – Assurance of Integrity" (in co-operation with German and Dutch customs administrations); moral principles, the adherence to which is the objective of the customs administration as a whole, are contained in ”The Declaration of the Czech Customs Administration Management” " (also published on Intranet sites).
An emphasis is put on more frequent and more intensive inspection (The Inspection Plan of the Customs Administration Headquarters contained in total 763 inspections and 87 technical check ups).
All employees are regularly informed about all serious cases of corruption of customs staff through the Customs Administration Journal.
Crimes committed by Prisoners’ Service Staff
I. Development and Characteristic Features
In total, 377 members of the Prisoners’ Service (hereinafter PS) were investigated on suspicion of committed crimes while on duty or off duty. In accordance with the provisions of Sec. 159 (1) of the Code of Criminal Procedure cases were suspended for 244 (+10) PS members and under Sec. 159/1b and 171/1 of the Code of Criminal Procedure 88 (+ 30) PS members were transferred for disciplinary proceedings. Prosecution was halted for 11 (-7) PS members, 13 (-1) PS members were accused and 20 (-15) PS members are still being investigated. Criminal proceedings were commenced for 27 (+5) civilian PS employees, of which 9 cases (0) involving civilian PS employees were adjourned by the Czech Police.
The courts lawfully sentenced 7 (-6) PS members (13 in 1999, 16 in 1998). The most frequent crimes were: abuse of power by a public official, injures to health through negligence, and frauds.
Of the above number, the North Moravian courts sentenced 4 PS members, the Central Bohemian courts 3, and the courts of South Bohemia, North Bohemia, East Bohemia, and Prague sentenced 1 PS member each.