OCA CIRCULAR NO. 110-2005, October 25, 2005

The Division of Policy Analysis and Public Affairs of the United Nations Office on Drugs and Crime is conducting a Survey on “Crime Trends and Operations of Criminal Justice Systems” covering the period 2003 – 2004. In this regard, you are enjoined to submit data on the following:

I. Persons brought to criminal courts, 2003-2004

II. Persons convicted in the criminal courts, by type of crime, 2003-2004

III. Persons convicted in the criminal courts, by sex and age group, 2003 – 2004

The report shall be submitted on or before 15 November 2005 , to: “Planning Division, Court Management Office, Office of the Court Administrator.

For reference purposes, copy of the definition of terms provided by the United Nations is attached herewith as Annex “A”.

Strict compliance is hereby enjoined.

__25__ October 2005.

UNITED NATIONS

Definitions of terms

1. The definitions below are applicable to many legal codes.
2. “International homicide” may be understood to
   mean death deliberately inflicted on a person by another person,
   including infanticide. Please indicate whether certain categories of
   attempted homicide are charged of prosecuted as “aggravated assault”.
3. “Non-intentional homicide” may be understood to
   mean death not deliberately inflicted on a person by another person.
   That includes the crime of manslaughter excludes traffic accidents
   that result in the death of persons.

4. ”Assault” may be understood to mean physical
   attack against the body of another person, including battery but
   excluding indecent assault. Some criminal or penal codes distinguish
   between aggravated assault and simple assault, depending on the degree
   of resulting injury. If such a distinction is made in your country,
   please provide the relevant data for aggravated assault under the
   category “Major assault”. Under the category “Total assault should be
   included data on both aggravated assault (i.e. major assault) and simple
   assault. Please provide the main criterion for distinguishing between
   aggravated assault and simple assault if such a distinction is made in
   your country.

5. “Rape” may be understood to mean sexual
   intercourse without valid consent. Please indicate whether statutory
   rape is included in the data provided. If, in your country, a
   distinction is made between sexual assault and actual penetration,
   please provide relevant information.

6. “Robbery” may be understood to mean the theft of property from a person, overcoming resistance by force or threat of force.

7. “Theft” may be understood to mean the removal
   of property without the property owner’s consent. “Theft” excludes
   burglary and housebreaking as well as theft of a motor vehicle. Some
   criminal and penal codes distinguish between grand and pert}’ theft,
   depending on the value of the goods and property taken from their
   rightful owner. If such a distinction is made in your country, please
   provide the relevant data for grand theft under the category “Major
   theft”. The category- “Total theft” should include data on both grand
   theft (i.e. major theft) and petty theft. Please provide the main
   criterion for distinguishing between grand theft and petty theft if such
   a distinction is made in your country.

8. “Automobile theft” may be understood to mean the removal of a motor vehicle without the consent of the owner of the vehicle.

9. “Burglary” may be understood to mean unlawful entry into someone else’s premises with the intention to commit a crime.

10. “Fraud” may be understood to mean the
    acquisition of another person’s property by deception. Please indicate
    whether the fraudulent obtaining of financial property is included in
    the data provided.

11. “Embezzlement” may be understood to mean the
    wrongful appropriation of another person’s property that is already in
    the possession of the person doing the appropriating.
12. “Drug-related crimes” may be understood to mean
    intentional acts that involve the cultivation, production manufacture,
    extraction, preparation, offering for sale, distribution, purchase,
    sale, delivery on any terms whatsoever, brokerage, dispatch, dispatch in
    transit, transport, importation and exportation of internationally
    controlled drugs. Where applicable, reference may be made to the
    provisions of the Single Convention on Narcotic Drugs of 1961^[1] and other regulations adopted in pursuance of the provisions of the Convention on Psychotropic Substances of 1971^[2] and/or the United Nations Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances of 1988^[3].

13. “Bribery and/or corruption” may be understood
    to mean requesting and/or accepting material or personal benefits, or
    the promise thereof, in connection with the performance of a public
    function for an action that may or may not be a violation of law and/or
    promising as well as giving material or personal benefits to a public
    officer in exchange for a requested favor.

14. “Kidnapping” may be understood to
    mean unlawfully detaining a person or persons against their will (or
    national equivalent e.g. using force, threat, fraud or enticement) for
    the purpose of demanding for their liberation an illicit gain or any
    other economic gain or other material benefit, or in order to oblige
    someone to do or not to do something.

15. “Persons convicted” may be understood to mean
    persons found guilt)’ by any legal body duly authorized to pronounce
    them convicted under national law, whether the conviction was later
    upheld or not. If persons are convicted by any agency other than the
    courts, please state which agency and provide statistical details in the
    space provided after tables 10 and 11. In those tables the total number
    of persons convicted includes the number convicted of serious special
    law offenses but excludes the number convicted of minor road traffic offenses and other petty offenses.

16. “Professional judges or magistrates” may be
    understood to mean both full-time and part-time officials authorized to
    hear civil, criminal and other cases, including in appeal courts, and
    make dispositions in a court of law. Please include in that category
    associate judges and magistrates, who may be authorized as above.

17. “Lay judges or magistrates” may be understood
    to mean persons who perform the same functions as professional judges or magistrates but who do not regard themselves, and are not normally
    regarded by others, as career members of the judiciary. Data concerning
    support staff (secretaries, clerks etc.) should be excluded.

18. If the categories given in paragraph 2-14 above are bot fully
    compatible with the legal code in your country, please try to adjust the
    data as far as possible. Alternatively, you may indicate below the
    table concerned or on the facing page what kinds of crime are included
    in your statistics that might be comparable to the categories or how the
    comparable types of crime are defined in your country.