07-11-26
brigadier dr. János Lukács 1
The civil control and reform of law enforcement
organizations
Made by the Safetypolitical Center of Szeged for the Seminar called
„Self governmentalism, EU Regionalism and Institutional Reforms”
07-11-26 brigadier dr. János Lukács 2
Introduction
The democratization of Society The new constitutional base of criminal investigation The appearance of civil control
07-11-26 brigadier dr. János Lukács 3
1. The democratization of societyThe effect of social, economical, political problems on the structure and quality
of crime and criminal rate
Crisis
decisions of principle
system
inflation
07-11-26 brigadier dr. János Lukács 4
0100002000030000400005000060000700008000090000
100000
1989 1990 1991
Unemployment
Self – destructive life style.
Alcohol consumption.
Estrangement.
Corruption.
The society could not tolerate anymore
07-11-26 brigadier dr. János Lukács 5
The effect of social, economical, political problems on the structure and quality of crime and criminal rate
impoverishment committing crimes for living
easy permeability of borders
liberalism
international crimesdrug-related crimesviolent, armed perpetrations
active legislationamnestydisappereance of some
previous legal acts
07-11-26 brigadier dr. János Lukács 6
Technical development
On the sideof criminalsmobility with
modern carskeeping contact
via mobile phones
New types of crimeshigh-tech frauds
misuses viamobile phones
counterfeiting
bankcard-relatedcrimes
07-11-26 brigadier dr. János Lukács 7
Based on these facts the number of reported crimes increased drastically nationwide and
425941436522
418883413343420782
465694450673
505716600621
514403466050
502036389451
400935447222
440370341061
225393185344
0 100000 200000 300000 400000 500000 600000 700000
2006200520042003200220012000199919981997199619951994199319921991199019891988
07-11-26 brigadier dr. János Lukács 8
and also in Csongrád County
154471588216710
1965614827
1773317685
1925018865
2181220843
606721375513356
1637814832
93697308
5930
0 10000 20000 30000 40000 50000 60000 70000
2006200520042003200220012000199919981997199619951994199319921991199019891988
07-11-26 brigadier dr. János Lukács 9
2. The new constitutional base of criminal investigation
Attendance of constitutionalism in the legislation of governmental organizations
Act LXV of 1990 on the local governments Act CX of 1993 on National Defence
(Act CV of 1994 on National Defence and Hungarian Army) Act XXXIV of 1994 on Police Act XXXI of 1996 on fire -protection, rescue and
Fire-service Act XXXVII 1996 on civil defence Act XXXII 1997 on protection of borders and Frontier
Guard
07-11-26 brigadier dr. János Lukács 10
Constitutional guarantee of police work in Act XXXIV of 1994 on Police
Defines:
structurerelationship with
local governmentsmeasures
legal status
control and guidance
principles and rules of functioning
means of coercion
collecting intelligence
data management
legal redress
07-11-26 brigadier dr. János Lukács 11
It creates new possibilities in criminal investigation at the level of legislation:
Promise of reward
Crime prevention control
Goal: preventing crimes
For capturing criminals
07-11-26 brigadier dr. János Lukács 12
searching for wanted persons and objects
poligraf – „lie-detector”
collecting of intelligence
The permission of a judge is
necessary
The permission of a judge is not necessary
07-11-26 brigadier dr. János Lukács 13
Collection of intelligence when thepermission of a judge is not necessary
informator trustee secretly cooperatingperson
sounding out undercover agent
cover certification observation
07-11-26 brigadier dr. János Lukács 14
Collection of intelligence when the permission of a judge is not necessary
trap trustee infiltrating incriminal organizations
sample purchase substitution of victims
false purchase confidentialpurchase
07-11-26 brigadier dr. János Lukács 15
Collection of intelligence when the permission of a judge is necessary
secret searchof
private homes
observation in private homes
record and revealcontents of letters
and communicationvia phone
record andreveal
contents of e-mails
07-11-26 brigadier dr. János Lukács 16
3. Appearance of civil control
Legislation providing civil control over police work: Act XXXIV of 1994 on Police; Act LXIII of 1992 on the protection of personal data,
and publicity of data of public utility; Act LIX of 1993 on the ombudsman of citizen rights; Act I of 1977 on announcements, proposals and
complaints of public utility; Act II of 1986 on press release; Hungarian Helsinki Committee.
07-11-26 brigadier dr. János Lukács 17
Civil control provided in Act XXXIV of 1994 on Police Act
right of deliverance for local governments
to establish central police stations and local police stations
to appoint the head of police department and the chief constable
07-11-26 brigadier dr. János Lukács 18
head of police department, chief constable
report inform
the local government can offer a remark
due to measures taken
due to omission
07-11-26 brigadier dr. János Lukács 19
1. Civil control provided in Act LXIII of 1992 on protecting the personal data
The public utility
publicity
disclosure
accessibility and
familiarization of
Functional data
07-11-26 brigadier dr. János Lukács 20
1. Civil control provided in Act LIX of 1993 on the ombudsman of citizen rights
Entitlements:
control of any authority
revealing any data
introspection of any records
requiring informations
07-11-26 brigadier dr. János Lukács 21
1. Civil control provided in Act I of 1977 on announcements, proposals and complaints of public utility
Act XXIX of 2004 141 – 143 §
complaint
answer §
07-11-26 brigadier dr. János Lukács 22
Civil control provided in Act II of 1986 on press release
07-11-26 brigadier dr. János Lukács 23
1. Civil control provided by the Hungarian Helsinki Committee
monitoringaccomodation
assertion of rights
treatment
and medical service
of PRISONERS
07-11-26 brigadier dr. János Lukács 24
Public survey as a feedback of civil control
Dr. Tauber - 1992
CSMRFK - 1993
Gallup - 2002
Gallup - 2005
07-11-26 brigadier dr. János Lukács 25
1. Assay of dr. István Tauber (1992)
Their establishment is necessary
Criminal situation:
worse
Method of effectiveness:
Stricter measures taken by police
The self-defence organizations of citizens:
significantly
07-11-26 brigadier dr. János Lukács 26
1. Monitoring Csongrád County Headquarters (1993)
Main questions concerning the County:b) How the quality of the police-work changed
(professionality, cultivation)?d) Would they help to the police officer in action in case of need?
Answers:56 % of interviewee think the quality of police work progressed
positively81,3 % of interviewee would help the indigent police officer in action.
07-11-26 brigadier dr. János Lukács 27
1. The Gallup survey (2002)
25
26
11
29
9
does not know/has no opinion
very dissatisfied
sligthly dissatisfied
satisfied yet not satisfied
slightly satisfied
very satisfied 2
41
17 32
5 4
does not know/have no opinion1 become significantly worse2 become slightly worse3 unchanged4 become slightly better5 become significantly better
satisfaction feeling of safety
07-11-26 brigadier dr. János Lukács 28
The result of a survey made in 2003: 48 % of people tought that the police work has improved.
38 34 29 29 31 32
42 54 51 42 53 46 56 51 45 41
12 11 16 20 16 20 16 19 24 27
35 34 3146
3,45 3,30 3,27 3,21 3,19 3,16 3,16 3,10 3,083,12
0
20
40
60
80
100
Politeness Discretion Friendlyattitude, workingin good-mood
Helpfulness Professionalism Preparedness Competence You weretreated asworthy,
importantcitizen
Time of waiting Fastness ofadministration
1
2
3
4
5
Top2 box (better, or significantly better than expected) It was as expected
Bottom2 box (worse, or significantly worse than expected) Average between 1-5
07-11-26 brigadier dr. János Lukács 29
The result of a survey made in 2005: the 58 % of people were satisfied as their cases were arranged by police
officers
62
59
58
5950
58
57
55
54
52
45
50
55
60
65Politeness of police officers and employees of Police
The police officers and employees are working incheerful, friendly milieu
Helpfulness of police officers
The possibilities to arrange cases discretely, avoiding unauthorized persons
The way as the police officers treated you as a worthyand important citizen
The professionalism of police officers dealing with yourcase
The way of preparedness as the police officers give youthe necessary infromations
The competence of police officers dealing with yourcase
The time you had to wait until your case started
Fastness of administration in the police work
2002 november2003 november2005 november
07-11-26 brigadier dr. János Lukács 30
very satisfied8%
dissatisfied2%
satisfied25%acceptable
26%
moderately satisfied
39%
TQM – Total Quality Management program
The satisfaction of the population in Csongrád County
07-11-26 brigadier dr. János Lukács 31
IIASA-SHIBA Díj
07-11-26 brigadier dr. János Lukács 32
Thank you for your
kind attention!