Dangerous offender: how to decide? (video)
Must the offender, who committed dangerous crime, be imprisoned or is it possible to use other precautionary measure against him? The Committee of Ministers of the Council of Europe offers the judicial authorities of the member states to show differentiated approach to each criminal case. Member of Group of Experts on Dangerous Offenders Robert Buczma notes, “The dangerousness of the crime must be clarified. Judicial authorities must show differentiated approach toward the persons who committed sexual crime, murders or terrorist acts.” The Council of Europe organized international seminar in Yerevan in order to represent the European guidelines to the representatives of the sector. The recent precedential judgments of the European Court have been taken into account. “There are such mechanisms in many countries that even in case of low dangerousness people are sentenced to inappropriate punishment or maximum term of imprisonment. We aim at offering mechanisms in order to show fair approach in such cases,” says Robert Buczma. Member of the Group of Experts on Dangerous Offenders reminds that not everything is so clear. When drafting laws it must be taken into consideration to what extent it contains risks in practice. Carlos Maria Romeo Casabona notes, “Person should not be imprisoned needlessly, it is a fundamental right of a person, but the society must not be endangered because of it. By leaving an offender in freedom the recidivism must be ruled out.” Armenia is already bringing its legislation into compliance with the principles offered by the Council of Europe. The draft Criminal Code is still at the National Assembly and the relevant amendments have been made. “In practice, for using detention or other precautionary measure according to the norms of the Criminal Procedure Code, we will use different alternative measures by making imprisonment an exclusive measure,” says the RA Deputy Minister of Justice Arman Tatoyan. Delegates from 16 member states of the Council of Europe are taking part in the seminar on dangerous offenders ongoing in Yerevan.
