Crime, prison population and pretrial detention

Abstract

The author shows that official crime statistics do not indicate a need for a stricter criminal policy or for longer sentences. Comparative research proves that prison population depends more on national traditions and political decisions then actual crime statistics. Following, and due to recent legislation, prisons became overpopulated, sometimes even leading to inhuman conditions. This is also a consequence of the fact that defendants spend an extremely long time in pretrial detention. Not fully in line with requirements of the European Court of Human Rights, judicial review over pretrial detention is severely impeded, as judges ruling on coercive measures during the investigation do not have the authority review evidence presented by the prosecutor and the defense. Thus, prosecutorial recommendations for pretrial detention are approved in 95 percent of the cases. The author also shows that, according to statistics, judicial decisions involving the highly publicized and politicized 2006 violent riots were either fully in line with general practice or were more favorable for the defendants.