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ANNUAL REPORT for 2001 and RESOURCE MATERIAL SERIES ANNUAL REPORT FOR 2001 and RESOURCE MATERIAL SERIES No. 60 UNAFEI Fuchu, Tokyo, Japan February 2003 Kunihiko Sakai Director Asia and Far East Institute for the Prevention of Crime and the Treatment of Offenders (UNAFEI) 1-26 Harumi-cho,Fuchu, Tokyo 183-0057, Japan CONTENTS INTRODUCTORY NOTE................................................................................................................. v PART ONE ANNUAL REPORT FOR 2001 Main Activities of UNAFEI............................................................................................................... 3 UNAFEI Work Programme for 2002 ............................................................................................... 14 Appendix .......................................................................................................................................... 16 PART TWO WORK PRODUCT OF THE 120TH INTERNATIONAL SENIOR SEMINAR “Effective Administration of the Police and the Prosecution in Criminal Justice” Visiting Experts’ Papers • The Competence of the Police in Investigation Proceedings by Eberhard Siegismund (Germany)................................................................................... 35 • The Public Prosecution Office in Germany : Legal Status, Functions and Organization by Eberhard Siegismund (Germany)................................................................................... 58 • The Effective System of Criminal Investigation and Prosecution in Korea by Young - Chul, Kim (South Korea)................................................................................... 77 • Reforming Pakistan Police: An Overview by Muhammad Shoaib Suddle (Pakistan)........................................................................... 94 • The Thai Constitution of 1997 and its Implication on Criminal Justice Reform by Kittipong Kittayarak (Thailand) .................................................................................. 107 • Effective Administration of the Police and the Prosecution in Criminal Justice by Peter Boeuf (United Kingdom)..................................................................................... 118 • The Effective Administration of Police and Prosecution in The United States by Anthony Didrick Castberg (U.S.A)............................................................................... 131 Participants’ Papers • Effective Management of the Police and the Prosecution in Criminal Justice by Nobuyuki Kawai (Japan).............................................................................................. 144 • Effective Administration of the Police and the Prosecution in Criminal Justice in Malaysia by Azmi Bin Ariffin (Malaysia) ......................................................................................... 149 • Effective Administration of The Police and Prosecution in Criminal Justice of Papua New Guinea by John Maru (Papua New Guinea) ................................................................................. 158 iii • Effective Administration of the Police and Prosecution in Criminal Justice: the Practice and Experience of the United Republic of Tanzania by Laurean Mutahunwaaaa Tibasana (Tanzania) ............................................................ 164 Reports of the Course • Effective Administration of the Police System by Group 1 ........................................................................................................................ 182 • Cooperation between the Police and Prosecutors by Group 2 ........................................................................................................................ 194 • Effective Case Screening by Prosecutors or other Competent Agencies by Group 3 ........................................................................................................................ 202 iv INTRODUCTORY NOTE It is with pride that the Asia and Far East Institute for the Prevention of Crime and the Treatment of Offenders (UNAFEI) offers to the international community Resource Material Series No. 60. This volume contains the Annual Report for 2001 and the work produced in the 120th International Senior Seminar that was conducted from 15 January to 14 February 2002. The main theme of this Seminar was, “Effective Administration of the Police and the Prosecution in Criminal Justice.” The 120th International Senior Seminar considered the systematic and functional reform of the police and the prosecution. The Seminar was opportune as it was held shortly before the Eleventh United Nations Commission on Crime Prevention and Criminal Justice that considered the whole issue of “Criminal Justice Reform.” It is evident that the police and the prosecution, by definition, have a symbiotic relationship yet in many countries we see these agencies working, at best, separately and, at worst, at odds with one another. These are situations that must be reformed in order that the criminal justice system not only functions but also succeeds. In this issue, papers contributed by visiting experts, selected individual presentation papers from among the Course participants, and the reports of the Courses are published. I regret that not all the papers submitted by the Course participants could be published. Also, I must request the understanding of the selected authors for not having sufficient time to refer the manuscripts back to them before publication. I would like to pay tribute to the contributions of the Government of Japan, particularly the Ministry of Justice, the Japan International Cooperation Agency and the Asia Crime Prevention Foundation for providing indispensable and unwavering support to UNAFEI’s international training programmes. Finally, I would like to express my heartfelt gratitude to all who so unselfishly assisted in the publication of this series; in particular the editor of Resource Material Series No. 60, Mr. Sean Eratt (Linguistic Adviser) who so tirelessly dedicated himself to this series. February 2003 Kunihiko Sakai Director of UNAFEI v vi PART ONE ANNUAL REPORT FOR 2001 • Main Activities of UNAFEI • UNAFEI Work Programme for 2002 • Appendix UNAFEI MAIN ACTIVITIES OF UNAFEI (1 JANUARY 2001 - 31 DECEMBER 2001) I. ROLE AND MANDATE The Asia and Far East Institute for the Prevention of Crime and the Treatment of Offenders (UNAFEI) was established in Tokyo, Japan in 1961 pursuant to an agreement between the United Nations and the Government of Japan. Its goal is to contribute to sound social development in Asia and the Pacific region by promoting regional cooperation in the field of crime prevention and criminal justice, through training and research. UNAFEI has paid utmost attention to the priority themes identified by the Commission on Crime Prevention and Criminal Justice. Moreover, UNAFEI has been taking up urgent, contemporary problems in the administration of criminal justice in the region, especially problems generated by rapid socio-economic change (e.g., transnational organized crime, corruption, economic and computer crime and the re-integration of prisoners into society) as the main themes and topics for its training courses, seminars and research projects. II. TRAINING Training is the principal area and priority of the Institute’s work programmes. In the international training courses and seminars, participants from different areas of criminal justice discuss and study pressing problems of criminal justice administration from various perspectives. They deepen their understanding, with the help of lectures and advice by the UNAFEI faculty, visiting experts and ad hoc lecturers. This so-called “problem-solving through an integrated approach” is one of the chief characteristics of UNAFEI programmes. Each year, UNAFEI now conducts two international training courses (two months duration) and one international seminar (one month duration). Approximately 75 government officials from various overseas countries receive fellowships from the Japan International Cooperation Agency (JICA; a governmental agency for ODA programmes) each year to participate in all UNAFEI training programmes. Training courses and seminars are attended by both overseas and Japanese participants. Overseas participants come not only from the Asia-Pacific region but also from the Middle and Near East, Latin America and Africa. These participants are experienced practitioners and administrators holding relatively senior positions in criminal justice fields. During its 40 years of existence, UNAFEI has conducted a total of 119 international training courses and seminars, in which approximately 2875 criminal justice personnel have participated, representing 100 different countries. In their respective countries, UNAFEI alumni have been playing leading roles and holding important posts in the fields of crime prevention and the treatment of offenders, and in related organizations. A. The 117th International Senior Seminar 1. Introduction From 15 January to 16 February 2001, 23 participants from 18 countries attended the 117th International Senior Seminar to examine the main theme of the “Current Situation and Countermeasures against Money Laundering”. 2. Methodology Firstly, the Seminar participants respectively introduced the current situation regarding the role and function of criminal justice agencies in their country in the fight against money laundering. Secondly, General Discussion Sessions in the conference hall examined the subtopics of the main theme. In sum, the participants diligently and comprehensively examined measures to strengthen
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