Nyomtatás

 

 

Directive of the
Prosecutor General No. 13/2012. (15 June) LÜ

on the organisation and operation of the National Institute of Criminology


(ORGANISATIONAL AND OPERATIONAL RULES)

 

Based on the authorisation granted in Article 10 (2) of Act CLXIII. of 2011 on the Prosecution Service, I hereby issue the following Directive:


Chapter I.

General provisions


Section 1

(1) The National Institute of Criminology (hereinafter referred to by its Hungarian abbreviation of OKRI) is the scientific and research institution of the prosecution service.
(2) OKRI names:
     a) in English: National Institute of Criminology,
     b) in German: Staatliches Institut für Kriminologie,
     c) in French: Institut National de Criminologie,
     d) in Russian: Goszudarsztvennüj Insztitut Kriminologii.
(3) OKRI
     a) registered address: 1122 Budapest, Maros u. 6/a.,
   b) official stamp: Hungary’s coat of arms, with the circular text of National Institute of Criminology, Budapest,
     c) emblem: the letters OKRI in white and orange letters, starting from the lower left corner of a dark blue square, completed with the name National Institute of Criminology, starting from the top right corner.


Section 2

The tasks of OKRI include research into crime, developing the theory and practice of criminology, criminalistics and the disciplines of penal law and facilitating the exploitation of research findings in practice.

 

Chapter II.

Organisation, management and operation of OKRI


Section 3

Organisational units of OKRI:
     a) Scientific Division of Crime Research and Analysis,
     b) Division of Criminal Law Sciences,
     c) Division of Research Organisation, Documentation and International Relations,
     d) Budgeting and Economic Division
     e) Secretariat.

Section 4

Managers of OKRI:
     a) Director,
     b) Deputy Director,
     c) heads of divisions,
     d) deputy heads of divisions,
     e) Officer Manager.

Section 5

The Director manages OKRI with the contributions of the Deputy Director and heads of divisions. The competences that are not rendered into the exclusive competence of the Director by law or the directive of the Prosecutor General may be transferred to other managers in part or in full.


Section 6

(1) Apart from the competences defined by law and in the directives of the Prosecutor General, the following fall within the competence of the director:

a) supply of personal and physical conditions required for the core activity as well as auxiliary activities relating to the core activity,
b) effective organisation of the activities of the employees of the prosecution office, checking the performance of the tasks and approval of job descriptions,
c) exercising employer’s rights transferred by the Prosecutor General,
d) organisation of ad hoc task forces and research groups by issuing research management assignments in order to carry out the tasks faster and with better results,
e) operation of an administrative expert network in particular topics, in compliance with the rules of procedure and with the involvement of researchers,
f) directing operations, scientific and research activities based on a work plan, specifying the detailed planned tasks of individual divisions and research groups and checking their performance,
g) establishment of advisory bodies in order to pursue scientific and research activities of a high standard,
h) issue of director’s instructions concerning the activity within the framework of the Organisational and Operational Rules,
i) representation of OKRI towards authorities and third parties, maintaining direct contact with all national authorities and bodies as well as international scientific institutions, 
j) submission of projects and conclusion of research contracts, with the prior consent of the Prosecutor General and the counter-signature of the Director General for Finance of the Prosecutor General’s Office when they contain financial commitments, and their professional and financial supervision,
k) presentation of research programmes to the managers and employees of the prosecution service,
l) organisation and operation of ex ante and ex post in-process management checks,
m)

organisation of financial activities, including:
ma) the preparation of the annual budget plan and performance of budget reporting and final accounts obligations,
mb) management of the granted budget appropriation,
mc) proposal to the supervisory agency for any additional appropriations, appropriation modifications and restructuring required in the course of financial management,
md) operation of the assets received to utilise for their original purposes,
me) supply of financial and economic data of public interest and information,
mf) organising accounting procedures and documentary discipline,
mg) establishment of rights relating to commitments and payment authorisation and procedures for performance certification and internal audit.

 (2) Within the framework of the competences listed in paragraph (1), the right of granting authorisations may be exercised by the Director.

 
Section 7

(1) The scope of competence of the Deputy Director includes the following:

a) performance of the tasks falling within the competence of the Director, also including the exercise of employer’s rights when the Director is prevented from doing so or when the Director’s position is vacant, in order to ensure operation,
b) participation in the preparation, organisation, development and supervision of economic activities based on an assignment by the Director within the framework specified therein,
c) preparation of proposals according to the Director’s instructions for the appointment and classification into grades of the employees of the prosecution service falling within the competence of the Prosecutor General,
d) representation of OKRI towards the authorities and third parties based on an assignment from the Director and within the framework specified therein,
e) participation in maintaining relationships between OKRI and Hungarian and international organisations, including direct contact with domestic authorities and agencies and foreign scientific institutions,
f) participation in the preparation and elaboration of questions submitted to the Scientific Council,
g) participation in management and control activities over the organisational units as specified by the Director.

(2) In the cases set out in paragraph (1), the right to grant authorisation is exercised by the Deputy Director.


Section 8

The heads of divisions develop in detail parts of the research plan relating to them and other programmes and plans specified by the Director, as well as manage and control their implementation under the leadership of the Director and Deputy Director. In that respect, the heads of divisions have a right to grant authorisations.


Section 9

(1) Advisers may support the activities of the Director.
(2) The activities of the Director are assisted by a Secretariat, which is led by the Office Manager.
(3) The tasks of the advisers and the Office Manager are specified by the Director.
(4) The activities of OKRI are assisted by a Scientific Board.

 

Chapter III

Tasks of the divisions of OKRI


Crime Research & Analysis Division

 
Section 10

Tasks of the division

a) Conducting criminological research and further development of the theory of criminology in order to establish measures to be applied in practice,
b) detailed review of the issues of crime; including crimes and its various forms of appearance and morphology, etiology, prophylactics, victimology and other research into various deviant phenomena closely related to crime,
c) review of the effectiveness of state and public measures aimed at reducing and preventing crime, conducting research and making proposals in that regard, proposals for legal regulations, research on the effectiveness of penalties, measures and their enforcement in order to reduce and prevent crime,
d) development and generalisation of methods suitable for reducing and preventing crime,
e) analysis of types of crime, which are especially dangerous to society and implementation of practice-oriented research programmes,
f) development of primarily statistical, sociological and psychological methods, instruments and measures suitable for measuring crime, crimes committed and victimisation and analysis of their efficiency.

 

Division of Criminal Law Sciences


Section 11

Tasks of the division

a) review of the various concepts of criminal, substantive, procedural and enforcement law, with special regard to the critical analysis of the rules of the detailed criminal law,
b) review of draft legal regulations and participation in the drafting of legal regulations,
c) making proposals for the development of detailed research methods applicable to various crime categories,
d) comparison of the rules and institutions of various countries in criminal, substantive, procedural and enforcement law,
e) pursuit of research in criminalistics to further develop the system of investigative study, evidence, theory and individual criminalistic recommendations,
f) research aimed at developing the instruments and methods of criminal tactics,
g) theoretical basis of new detection and evidence methods and tactical procedures and making them available in practice,
h) the issue of position statements requested by criminal investigation and other agencies of the justice system on criminal, substantive, procedural and enforcement law, international criminal law and criminalistic issues.

 

Division of Research Support, Documentation & International Relations


Section 12

Tasks of the division

a) within the framework of organisation and methodology, supporting research
   aa) review of research methodology issues, adaptation of methods of other scientific disciplines in the analysis of the phenomena of crime, development of new research methodological techniques,
   ab)advice on methodology and involvement in the planning, organisation and implementation of OKRI research programmes (questionnaire design, mathematical-statistical processing, etc.),
   ac) pursuit of criminal statistical services (data collection, management, processing, supply) to OKRI researchers, the prosecution agencies and, pursuant to separate agreements, external clients; in agreement with the competent departments of the Prosecutor General’s Office, in relation to the single investigative, administrative, prosecutory and administrative statistical systems,
   ad) development and organisation of the methodology of further training programmes,
   ae) monitoring opportunities to tender;
b) within the framework of documentation
   ba) issue of publications (studies and educational volumes and other information),
   bb) documentary and bibliographic registration work,
   bc) maintenance and development of the library and collection of periodicals and archive falling within the scope of activities of OKRI, operation of the OKRI library,
   bd) supply of professional material for the courses and supply of information about the technical literature,
   be) supply of documentation and studies requested by the Prosecutor General’s Office and the prosecution services, supply of information about them,
   bf) managing institutional queries,
   bg) publication of the activities of ORKI on the internet, including regular updates of the institute’s website;
c) within the framework of development and maintenance of professional and institutional relations, contact primarily with
   ca) the prosecution services and other institutions of the justice system,
   cb) domestic and international research and partner institutions,
   cc) professional societies, foundations and other organisations, important for professional reasons;
d) within the framework of organisational tasks
   da) proposals for educational programmes in order to improve public security and the feeling of security, involvement in the prevention projects of institutions responsible for public security in order to maintain the continuity of relations and facilitate the exchange of scientific experience,
   db) organisation and control of professional visits and study trips,
   dc) organisation of further training at OKRI,
   dd) organisation of national and international meetings and conferences individually and in cooperation with domestic and foreign partners; preparation and direction of the role of the institute,
   de) performance of postgraduate educational tasks, including the organisation of programmes, invitation of speakers and editing publications,
   df) in order to promote the domestic and foreign publication activities of prosecutors and researchers: organisation and implementation of editing and translation work and contacts with the publisher,
   dg) presentation of the OKRI results,
   dh) preparation of press materials, organisation of meetings to be reported to the line manager.

 

Budgetary and Economic Division


Section 13

Tasks of the division

a) preparation of annual budget plans,
b) narrative and numerical reports and data supply on the implementation of the budget and, following the Director’s approval, submission to the Directorate General for Finance of the Prosecutor General’s Office,
c) preparation of financial measures and proposals for such decisions,
d) regular monitoring of the utilisation of the appropriation and preparation of a proposal for the amendment of an appropriation as necessary,
e) keeping records relating to the research activities based on contracts and preparing to settle accounts,
f) performance of the tasks relating to the operation, maintenance and functions of the building, management and utilisation of assets and changes in the assets,
g) invoicing the sales made by OKRI,
h) keeping commitment records,
i) performance of the bookkeeping tasks, keeping the GL books and analytical records,
j) operation of the cashier’s office,
k) performance of OKRI’s tasks relating to public procurement,
l) performance of tasks relating to the operation of vehicles,
m) involvement in the tasks of the operator relating to capital investments, refurbishment and maintenance of the building,
n) performance of the tasks relating to the operation of office technology equipment,
o) performance of accident elimination, fire and labour safety tasks,
p) preparation of reports, statistics and data supplies on financial management for external agencies.

 

Chapter IV.

Scientific Board


Section 14

The Scientific Board

a) participates in setting the main objectives for OKRI and monitors their implementation,
b) assists the OKRI Director with its advice,
c) discusses the research tasks and work plan of OKRI and the Director’s report on the annual activities.


Section 15

The Director appoints the members of the Scientific Board with the approval of the Prosecutor General, for a period of four years based on their activities in science and practical legal work as well as their positions held in central administrative agencies.


Section 16

(1) The Scientific Board holds meetings at least once a year, which are convened by the Director. The Director informs the Prosecutor General of the meetings of the Scientific Board. The meetings of the Scientific Council are chaired by the Director.
(2) The Director invites the Deputy Prosecutor General for Criminal Law, the Deputy Director and the heads of divisions to the meetings of the Scientific Board. The Director may invite people other than the members and permanent guests to the meetings of the Scientific Boardto take part in its work.

 

Chapter V.

Miscellaneous provisions


Section 17

(1) Prosecution service employees of OKRI, obliged to submit wealth declarations annually:

a) Director,
b) Head of the Budgetary and Economic Division.

(2) The obligation to submit declarations are governed by the provisions of the Directive of the Prosecutor General No. 6/2008 (ÜK. 4.) LÜ on certain issues relating to Act CLII. of 2007 on the Obligation to Submit Declarations and on the Obligation to Submit Wealth Declarations.


Section 18

Apart from the tasks specified in the research plan, the Prosecutor General’s Office and OKRI may enter into agreements on task financing with the approval of the Prosecutor General. If the task also requires funds from the prosecution service, a certificate of funding issued by the Director General for Finance must be obtained prior to the task being submitted for approval.


Section 19

(1) OKRI may supplement the funds required for the performance of its tasks, with the approval of the Prosecutor General, as specified below:

a) it may enter into research contracts with external clients pursuant to Article 412 of the Civil Code and assignment contracts for the activities falling in the scope of those tasks,
b) following a prior request for authorisation, with the counter-signature of the Head of the Budgetary and Economic Division, it may take part in any call for applications falling within the scope of its activities and tasks and, when funding is awarded, may enter into a contract with the issuer of the call for the utilisation of the amount awarded.

(2) The organisation of the fulfillment of contracts referred to in paragraph (1) a) falls within the competence of the Director or a manager appointed by him.


Section 20

Any scientific publication and scientific presentation delivered must be reported to the line manager. The Director may order certain announcements to be published in the name of OKRI.


Section 21

(1) This Directive enters into force on 1 July 2012.
(2) The Director’s Directive No. 1/2008 on the Organisational and Operational Rules of the National Institute of Criminology shall be revoked.

 

Signed by Dr. Péter Polt,
Prosecutor General