The dramatic events that have marked the last year have given rise to numerous appeals for a radical reform of the judicial system.
According to the decisions taken at the end of the budgetary conclave, Science Policy is to allocate 40 million BF to scientific support for the activities of the Ministry of Justice.
At its meeting on December 20th 1996, the Cabinet decided to grant 8 million BF to the National Institute of Criminalistics and Criminology, with a view to its setting up a biogenetic databank, and 6 million BF in support of the activities of a committee of experts on children's rights.
The balance (26 million BF) has been set aside for a scientific research programme to support the policy pursued by the Minister of Justice.
The four themes of the call for proposals are presented below. No propsals were introduced under theme four of the programme: Specific Profile Analysis.
1. Alternative approaches to prison sentences
1.a. Young adults in prison
A substantial proportion of prisoners are under 25 years old; many of them are in prison for the first time and some are even first offenders.
The objective of the research is to gain an understanding of their socialization process and to study the breaking points that led to marginalization and criminality.
This research should make it possible to develop an action strategy involving the Ministry of Justice, the external community service departments and the welfare departments, so as to deter offenders from a life of crime at the outset, to exert a constructive influence on behaviour and to optimize rehabilitation possibilities.
1.b. Alternative judicial measures
Over the last few years, there has been a proliferation of initiatives aimed at replacing measures depriving offenders of their freedom by measures restricting their freedom (so-called alternative measures and punishments). This aspect of research focusing on the development of alternative measures and punishments must allow the effects to be identified. To what extent are the set objectives attained, i.e. social rehabilitation and reduction of the risk of the delinquent sinking even further into criminality ? What criteria should be used in future to adapt the nature of the measures to suit the nature of the crime and the personality of the criminal, in order to obtain the most successful results possible ?
1.c. Legal status of persons serving an alternative sentence
The legal status of these persons and the possibilities of clarifying it will be examined. Proposed amendments to the legislation could be introduced to this effect. Particular attention must be given to those aspects of the provisions of the institutional reforms implying an allocation of powers among the federal, community and regional authorities and the necessary contractual clauses in the case of community service.
2. Research focused on compensation for the victim
The growing attention paid in judicial policy to the victim is reflected by, inter alia, the efforts made to ensure that victims and their interests are explicitly mentioned and recognized throughout the judicial procedure, including the stage when the sentence is being served, as for example by the recent insertion of a data sheet on the victim in the procedure for release on bail. The bill amending the Lejeune Act also makes explicit reference to the victim, as does the new circular concerning alternative judicial measures (Moniteur belge of November 29th 1996). The fact that the question of the victim is taken into account in the serving of sentences reduces the risk of recidivism among some delinquents and improves the possibilities of rehabilitation. An approach based on compensation for material and consequential damages has proved to be a more social measure for each of the parties concerned.
2.a. Serving of sentences based on compensation
The research must find an answer to the question of the possible inclusion of a dimension based on compensation for the victim within the framework of the serving of sentences. Alongside this research, a limited number of prisons (two in Flanders and two in Wallonia) have been given the opportunity of acquiring some experience in this matter in a targeted and controlled manner. Scientific research must back up this experience in the field from the theoretical point of view, whilst ensuring expert follow-up and assessment. In addition, a national pilot project ("focus on the victim") concerning delinquents is already in hand within the context of alternative judicial measures.
This research must therefore be explicitly linked to the progress of initiatives already taken in the field.
2.b. Payment of damages
Both victims and society as a whole are keen to see damages paid fairly and as quickly as possible, firstly by the person responsible for them.
Some possibilities offer new forms of indemnification, i.e. indemnification settled at police level, in agreement with and under the control of the public prosecutor, criminal injuries compensation fund, etc. The main objective of the research is to clarify the methodology (selection of dossiers to be taken into consideration, follow-up, time allocation, etc.), the results, departmental directives, assessment of the perpetrator of a misdemeanour/the victim/the police department/the law court, etc. It is also necessary to determine whether indemnification can be ordered as an independent measure by judges and State prosecutors.
2.c. Reception of victims by the courts and public prosecutor's offices
Victims deserve our attention and a respectful reception. The government has set up victim reception services at the courts and public prosecutor's offices. A practical analysis should make it possible to identify the methodologies to be used by the reception assistants with a view to improving the attention given to victims and the way in which they are received, by using voluntary workers for instance. It is also important to determine how the different players assess the introduction of a reception unit for victims.
3. Justice and society
The public's growing interest in justice and judicial matters entails as many opportunities as it does risks. The research should analyse the views and expectations of public opinion, the new pressure groups that have been formed and the media. The lessons drawn from this should make it possible to define appropriate concerted action in response to this new phenomenon, which could contribute towards renewed participation in the democratic decision-making process.
4. Specific profile analysis
Specific profile analysis (SPA) is a technique giving added value to the research carried out mainly within the context of violent serial crimes (murder, rape). SPA can be particularly useful for the "missing persons" unit of the Central Bureau of Investigation.
On the basis of the current state of the art, it is important to make on-the-spot visits and to carry out a comparative study of the different techniques used (classic profile prediction, geographical analysis, etc.), as well as describing useful techniques for Belgium and experiments conducted abroad, in order to:
- gain an overview of the available techniques and the underlying theoretical models used by the CASKU (Child Abduction & Serial Killers Unit of the FBI), the NCMEC (National Center for Missing and Exploited Children) in the United States, the University of Liverpool (United Kingdom) (Professor David Canter - Chair of Investigative Psychology) and the British police departments via Bramshill College;
- to evaluate the differences, similarities and validity of the various trends (American and British);
- to assess the extent to which valid models can be applied in the Belgian context and, if appropriate, to formulate opinions within the framework of follow-up scientific research that the gendarmerie could conduct in collaboration with one or more Belgian universities.
JU/01: Young adults committed to imprisonment and alternative judicial measures
JU/02: Elaboration of a model framework for the alternative approaches in criminal proceedings against delinquent drug users on the different stages. Field evaluation and scientific support
JU/03: Keys for a coherent reparation- and victim-oriented judicial policy
JU/04: New interfaces between citizens and the justice system
JU/05: From social complaint to demand for justice
JU/06: Methodological support for a permanent monitoring system of the public opinion towards the police and the judicial authorities
Le droit sur le droit chemin?
SSTC - Van doninck, B. - Van Daele, L. (dir.) ... et al. Anvers: Maklu, 1999 (PB5476)
Het recht op het rechte pad?
DWTC - Van doninck, B. - Van Daele, L. (dir.) ... et al. Antwerpen: Maklu, 1999 (PB5578)
Jeunes adultes incarcérés et mesures judiciaires alternatives: résultats de la recherche
Kaminsky, Dan - Adam, Christophe - Bellis, Philippe ... et al. Bruxelles: SSTC, 2001 (SP0652)
[To download]
Opgesloten jong-volwassenen en alternatieve gerechtelijke maatregelen: resultaten van het onderzoek
Kaminsky, Dan - Adam, Christophe - Bellis, Philippe ... et al. Brussel: DWTC, 2001 (SP0653)
[To download]
Young adult inmates and alternative judicial measures: results of the research
Kaminsky, Dan - Adam, Christophe - Bellis, Philippe ... et al. Brussels: OSTC, 2001 (SP0654)
[To download]
Développement d'un modèle de règlement judiciaire alternatif pour les toxicomanes délinquants aux différents échelons du système pénal. Evaluation de la pratique et accompagnement scientifique: résultats de la recherche
Meese, Joachim - Van Impe, Kristof Bruxelles: SSTC, 2001 (SP0655)
[To download]
Uitwerken van een model voor de alternatieve gerechtelijke afdoening bij delinquente druggebruikers op de verschillende echelons van de strafrechtsbedeling. Praktijkevaluatie en wetenschappelijke begeleiding: resultaten van het onderzoek
Meese, Joachim - Van Impe, Kristof Brussel: DWTC, 2001 (SP0656)
[To download]
Elaboration of a model framework for the alternative approaches in criminal proceedings against delinquent drug users on the different stages of criminal proceedings. Practical evaluation and policy support: results of the research
Meese, Joachim - Van Impe, Kristof Brussels: OSTC, 2001 (SP0657)
[To download]
Fondements d'une politique judiciaire cohérente orientée vers la réparation et la victime: résultats de la recherche
Peters, Tony - Snacken, Sonja - Kellens, Georges... et al. Bruxelles: SSTC, 2001 (SP0658)
[To download]
Bouwstenen voor een coherent herstel- en slachtoffergericht justitiebeleid: resultaten van het onderzoek
Peters, Tony - Snacken, Sonja - Kellens, Georges... et al. Brussel: DWTC, 2001 (SP0659)
[To download]
The foundations of a coherent restoration-oriented and victim-oriented criminal justice policy
Peters, Tony - Snacken, Sonja - Kellens, Georges... et al. Brussels: OSTC, 2001 (SP0660)
[To download]
A la recherche de nouvelles formes d'intermédiation entre la population et la justice
Huyse, Luc - Verdoodt, Annelies Bruxelles: SSTC, 2001 (SP0661)
[To download]
Naar nieuwe vormen van intermediatie tussen bevolking en justitie
Huyse, Luc - Verdoodt, Annelies Brussel: DWTC, 2001 (SP0662)
[To download]
New interfaces between citizens and the justice system
Huyse, Luc - Verdoodt, Annelies Brussels: OSTC, 2001 (SP0663)
[To download]
De la plainte sociale à la demande de justice
Périlleux, Th. - Marquet, J. - Cartuyvels, Y. Bruxelles: SSTC, 2001 (SP0664)
[To download]
Van sociale aanklacht tot de vraag naar justitie
Périlleux, Th. - Marquet, J. - Cartuyvels, Y. Brussel: DWTC, 2001 (SP0665)
[To download]
From social complaint to demand for justice
Périlleux, Th. - Marquet, J. - Cartuyvels, Y. Brussels: OSTC, 2001 (SP0666)
[To download]
