M~Rch 1197'6
Total Page:16
File Type:pdf, Size:1020Kb
If you have issues viewing or accessing this file contact us at NCJRS.gov. ... ',-" • i.,... ~- . ";:-, .,.' .. , .: ~-- ,6 } .. ,£j: : >1Ii,.:~,~ :~t. r~" .,,~" ~ :,._ ."'1 .-' ~ FUCHU,TOKYO,JAPAN j M~rCh 1197'6 ~~~~~~~-;~~~~!I;74..~~~;;:r~~~~~~ot:Ii<)f REPORT for 1975 and RESOURCE MATERIAL SERIES No. 11 ... ~QutSlT\v\"~ UNAFEI Fuchu, Tokyo, Japan March/1976 . Ii P"~··----------------------------------------------r' - Zen Tokoi (I /' if Director United Nations Asia and Far East Institute for the Prevention of Crime and the Treatment of Offenders (UNAFEI) 1-26 Harumicho$ Fuchu, Tokyo, Japan i ~, .•....... ~. ...... ., ,'~r..!, i CONTENTS Annual Report for 1975 1':, C I. Report of Main Activities and Events of the ~iear~1975 ....... 3 II. Prospect for the Year 1976 ....... .: .. ,," .'.. 12 );, ' III. Conclusion .............•....... , ...... , ....... , ..... ,. 13 Appendix I-IX .................. , .. , . ... .. ... .... ..... 14 Resource Material Series No. 11 (Material Produced Dllringthe. 41st Training Course on the Improvement in Criminal· Justice System) Introductory Note by Zen Tokoi . .. 31 PART 1: EXPERTS' PAPERS Future Trends in the American Criminal Justice System: A J;;~\ ~t<c~:}a~~~;:. ~.h~~~ ................. 7:;.7.1. (p 1.: .. .. 32 ,i U Fifth United Nations Congress on the Prevention of Crime and --- the Treatment of Offenders Held at Geneva, Switzerland by T. G. P. Garner ....... , ....•.... " .. , ................ 46 PART 2: GROUPWORKSHOP Workshop I: Speedy Trial Summary Report of the Rapporteur .•.. "., .... , ............ ". 77 V. Delays in Criminal Courts 'l c) by Shaikh Abdul Waheed .......•.....•.....................~ Delays in Preliminary Investigation and Trial in the Philippines -A Study of Their Causes and Proposed Solutions . ... tI by Candido P. Villanueva .......•..•.........•............. ~ Vt< Workshop II: Crime Problems Resulting from Socia-Economic Developmenf'- Summary Report of the Rapporteur . , ... " .../! 9;.!< ..... '* • , ... ~ ...... .- .. , 94 ~j \/ Combatting White-Collar Crimes in India by [sliwaI' Chandra Dwived! o' 0 • 0 0 ••••• 0 • 0 •• 0 • 00 ••••••••••• i Workshop III: Diverse Problems in the Administration of Criminal Justice , , Summary Report of the Rapporteur .. 0 ••••••• , ••••••••• 0 • • • • • • •• 106 The Sentencing of Young Adult Offenders in Singapore by Roderick E. Martin. 0 • , •••••••••••••••• 0 •••••••••••••• ~ Workshop IV: Problems of Judicial Procedures and Organization ;,. ,.' Summary Report of the Rapporteur ..•...... 0 0 •• 000. 000 000.00.0 121 The Bail in India / to by Jagdish Chandra 000. 0' 0 0 • 0 ••• 0 •• 0 • 0 •• 0 00000.00000000. o..J2.8. L The Role of Houses of Equity in Prevention of Crime in Iran . by G. Ro Shahri 00 •• 0 •••• 0 • 0 0 • 0 •• 0 ••• 0 0 0 00" 0 •• 0 0 •• , 0 • 0 0 00. 134 J }f6 ~ ,. :'.~" , . ANNUAL REPORT FOR 1975 UNAFE.I o ~\ ,. (i ., 'l I:' ',:;it ': f. ~4<.c ... f I { I. Report of Main Activities and Events of the Year 1975 Introduction 1;" During 1975, most countries in the region were still faced with serious problems in controlling the incidence of anti-social activities, an unwelcome byproduct of substantial social change, urbanizatioll and industria1ization. Although many Asian c01.mtries have made serious efforts to improve their crime control efforts, nlany problems remain. In light of these I?Ioblems, UNAFEI organized three courses, -a seminar and two training programs-adapted to meet these challenging needs. The seminar was focused on the roles and functions of the police in a changing society. One training course was devoted to discussions of ways of achieving successful community re~integration of offenders unO. thg other course explored ways und means of improving criminal justice systems so as to maximize their effectiveness. In addition, in 1975 the Fifth United Nations Congress on the Prevention of Crime and the Treatment of Offenders was held in Geneva, Switzer~ land. UNAFEI, as a regional agency devoted to implementing relevant United Nations programs, assisted in developing appropriate agenda T,tems for the Congress. Tminillg Programs During 1975, UNAFEI conducted three regular international training courses or seminar (39th, 40th and 41st) in which a total of 63 criminal justice officials from 17 different countries in the region participated. By 1975, 864 persons in the world had attended training courses or seminars at UNAFEJ<-. A breakdown of these participants, by country and professional background, is stJwn in Appendix r. 1. 39th International Seminar Course (12 Febru·ary-15 March 1975) This seminar was one of the short courses that the Institute annually organizes for senior officials and administrators in the criminal justice system. The sub~ jcct was "The Roles and Functions of the Police in a Changing Societyi' and its purpose was to stndy and discnss various problems regarding pollee and other law enforcement agencies roles and functions in the light of emerging new conditions concomitant with social and economic changes. The Seminar explored means of improving the efficiency of law enforcement activities and of protecting the public through various preventive activities. One of its purposes was to find answers to the questions as to whether and. to what extent law enforcement agencies should develop a wider rallge of social services and how they can establish proper and adequate relations between the police .and the coplItlunity. In addition, the Seminar served as a preparatory meeting for the Fifth United Nations Congress on the Prevention of Crime and the Treatment of Offenders, particularly in relation to the agenda item, "Emerging Roles of the Police and Other Law Enforcement Agencies with Special Reference to Changing Expecta.tion and Minimum Standards of Performance." A total of nineteen participants took part in the Seminar, thirteen of whom came .... 3 -~---~-------=-----~-, ----'--- ANNUAL .4mpORT FOR 1975 , Table 1: puthne'. of the Program I, Class Work Hours Orientation for the Course (Di1ector and Staff) .,................... 2 ,.)1 . Self·Introduction (Participants/and Staff) •...•............ ;";"; ..... , 2 , Introduction to the Japanese (~riminal Justice System (MI'. Kaneko and Staff) . ,: . • . .. 4 Staff and Visiting Experts' pJiesentation and Seminars ............... 18 Participants' Presentation andl Discussiolll ......................... , 24 Ad Hoc Lectures (3 Lectureh) .....•..•......................... 8 Individual Study ....•... i:' . .. 2 I! Total Hours: 60 Visits and Others Hours Visits of Observation ... J: • ••••••••••••••.•••••••••••••••••••••• 18 l(ansai Trip ................................................... 12· Evaluation Session ...... "...................................... 2 Individual Interviews ....•....................•.............•... 4 Closing Ceremony 2 Total Hours: 38 -------------------------------------------------------------- Grand Total Hours: 98 (24 days, 5 weeks) from twelve countries in the region, i.e., Bangladesh, India (2), Indonesia, Iran, Iraq, Laos, Malaysia, Nepal, Pakistan, Philippines, Singapore, and Sri Lanka, with the remainder coming from Japan. The participants were composed of high, senior law enforcement officials who were responsible for the development of new policies and programs for law enforcement in their respective countries. The list of par ~icipants is reproduced in Appendix II-I. The outline of the course program is shown in Table 1. Tbe important issues and topics which emerged in the presentations and discus sions were as follows: (1) Exploration of ways and means of improving enforcement of .criminallaw and regulations and of protecting the public through various kinds of preventive activities of the police; (2) Development of a wider range of social services in order to enhance their functions and imprc)Ve their public image; (3) Establishment of adequate and proper police-community relations; (4) Recruitment and training of police personnel; (5) pesirability of the setting forth a detailed standard of performance; and (6) Effective coordination among various law en forcement agencies. At the end of the Course, the following conclusion was unanimously adopted: The roles of the police should be not merely that of an agency to enforce the law, but also that of a social agency which acts with and on behalf of the public to prevent crime and public '~sorder by mediation and advice, and that the police's '\ /4 MAIN ACTIVITIES primnry function should therefore revolve around the concept of crime prevention. Details of the discussions and papers in this Course were reported ill the Resource Material Series No.1 0., . In conducting the Seminar, UNAFEI was fortunate to have the participation of three Visiting Experts, Dr. David Bayley, Professor OJ Graduate School of Inter'" national Studies, University of ];>envcr, U.S.A., Mr. Dean C. Smith, U.S. Attorney of Eastern District of Washington State, U.S.A., and Mr, Torsten Eriksson, former Director-General of th~ National Correctional Administration of Sweden and ex;. United Nations Inter-Regional Adviser on Crime Prevention and Criminal Justice. Dr. Bayley conducted discussions on "A Comparative Analysis of Police Practices"; Mr. Smith 1~f:tured on "The Impact of the American Constituti9n on the Police Officer"; and Mr. Eriksson dealt with "The International Experience and Trends of Development in the Treatment of Offenders." " The agencies and institutions visited by the participants included the ~~.search Institute of Police Science) Ministry of Justice, Third Mobile