At a glance
Home
About the CEPEJ
A word from the President
Secretariat
Activities
  MEETINGS
Calendar
Meeting reports
  EVENTS
Conferences
Gathering around CEPEJ
European Day for Justice
The Crystal Scales of Justice Award
  CEPEJ WORK
Evaluation of Judicial Systems
Judicial time management
Quality of justice
Enforcement
Mediation
  CO-OPERATION PROGRAMMES
Targeted co-operation
Turkey (JP COMASYT)
South programme (Morocco, Tunisia and Jordan)
Jordania
Armenia, Azerbaijan, Georgia, Republic of Moldova and Ukraine
Albania
Croatia 
  PILOT COURTS

Activities of the network

 

LISBON NETWORK

Activities of the network
In the field
CEPEJ documents
Legal instruments
ECHR judgements
Thematic files
Press releases
CEPEJ Studies
Newsletter
  SEARCH
Simple search
Advanced search
News: RSS format
Country profile
Country Profiles A-Z
links
COE bodies, international organisations ...
restricted
  MEETINGS
Restricted access
  FORUM
Discussion Forum
Users' guide of the Forum
Reset password
  JUDICIAL SYSTEMS
Evaluation scheme


Turin, 24 July 2012

CEPEJ-SATURN(2012)10

EUROPEAN COMMISSION FOR THE EFFICIENCY OF JUSTICE

(CEPEJ)

REPLIES OF THE
FIRST INSTANCE COURT OF TURIN
(Tribunale di Torino)
TO THE DRAFT QUESTIONNAIRE
FOR COLLECTING DATA ON CIVIL, CRIMINAL AND ADMINISTRATIVE JUSTICE
REGARDING CASELOAD AND PROCEDURAL TIMES

as revised at 11th meeting of the Steering Group of the SATURN Centre for judicial time management (CEPEJ-SATURN)

This questionnaire was elaborated on the basis
of the European Uniform Guidelines for Monitoring of Judicial Time Frames (EUGMONT)

DATA TO BE PROVIDED FOR THE PERIOD
FROM 1st JANUARY TO 31st DECEMBER 2011

1. General data on courts and court proceedings

The members of the CEPEJ Network of Pilot Courts are invited to provide the following data on the number of proceedings in their respective courts for the calendar year 2011:

The data on the finalised proceedings can be split according to the way how the proceedings ended. The cases that ended by a decision on the merits should be distinguishable from the cases that ended otherwise (withdrawal of the claim, settlement, rejection on formal grounds).

Example I:

First Instance Court of Turin

 

Court or branch of jurisdiction

Cases pending on 1.1.2011

New cases initiated
in 2011

Resolved cases
in 2011

Cases pending on
31.12. 2011

1

Civil Sections

24.021

29.785

30.325

24.305

2

Criminal Sections

3.690

6.455

7.139

3.006

           
 

TOTAL

27.711

36.240

37.464

27.311

N.B: "cases pending on 31.12. 2011" = "cases pending on 1.1. 2011" + "new cases initiated in 2011" – "resolved cases in 2011".

2. Information on types of cases

The CEPEJ Pilot Courts are invited to provide data for the year 2011 in respect of the following categories of civil, administrative and criminal cases: litigious divorce, dismissal; cases related to taxation of individuals, other administrative cases; intentional homicide, robbery, drug-related offences, rape, corruption offences and child sexual exploitation cases. Working definitions of these categories of cases are provided below.


Litigious divorce cases: i.e. the dissolution of a marriage contract between two persons, by the judgement of a court of a competent jurisdiction. The data should not include: divorce ruled by an agreement between the parties concerning the separation of the spouses and all its consequences (procedure of mutual consent, even if they are processed by the court) or ruled through an administrative procedure. If your country has a totally non-judicial procedure as regards divorce or if you cannot isolate data concerning adversarial divorces, please specify it and give the subsequent explanations. Furthermore, if there are in your country, as regards divorce, compulsory mediation procedures or reflecting times, or if the conciliation phase is excluded from the judicial proceeding, please specify it and give the subsequent explanations.

Employment dismissal cases: cases concerning the termination of (an) employment (contract) at the initiative of the employer (working in the private sector). It does not include dismissals of public officials, following a disciplinary procedure for instance.

Cases related to taxation of individuals: cases concerning disputes about decisions taken by an administrative authority concerning the perception of taxes on the income and the wealth of individuals. Does not include taxation of companies.

Other administrative law cases: litigious and non-litigious cases concerning disputes between citizens and local, regional or national authorities, for instance: asylum refusals or refusals of construction permit applications.

The following definitions are given according the European Sourcebook of Crime and Criminal Justice Statistics1:

Intentional homicide is defined as the intentional killing of a person. Where possible the figures should include: assault leading to death, euthanasia, infanticide and exclude suicide assistance. The data should not include attempts.

Robbery concerns stealing from a person with force or threat of force. If possible these figures should include: muggings (bag-snatching, armed theft etc.) and exclude pick pocketing, extortion and blackmail. The data should not include attempts.

Drug-related offences are rather uniformly defined in the relevant international conventions. If possible the data should include: cultivation, production, sale, supplying, transportation, importation, exportation, financing of drug operations, consumption, possession of larger quantities, and possession of small quantities.

Rape means sexual intercourse with a person against her/his will (per vaginam or other). If possible these figures should include penetration other than vaginal (e.g. buggery), violent intra-marital sexual intercourse, sexual intercourse without force with a helpless person, sexual intercourse with force with a minor; attempts. The data should not include sexual intercourse with a minor without force or other forms of sexual assault.

Corruption offences mean offering or accepting financial or any other advantage in exchange of favourable treatment by public officials. If possible these figures should include: active and passive corruption, instigation to corruption, complicity, corruption of domestic officials, corruption of foreign officials, extortion by public officials, offering officials advantages without immediate interest; attempts. The data should not include corruption in the private sector, extortion (except by public officials) or bribery of the electorate.

For child sexual exploitation cases, the definition provided in Articles 18 to 23 of the Council of Europe Convention on the Protection of Children against Sexual Exploitation and Sexual Abuse2 can be used.

Example II:

First Instance Court of Turin

 

Type of case

Cases pending on 1.1.2011

New cases initiated
in 2011

Resolved cases
in 2011

Cases pending on
31.12. 2011

1

Civil cases

[24.021]

[29.785]

[30.325]

[24.305]

1a

Litigious divor.

1.268

642

731

1179

1b

Dismissals

568

1089

894

763

           

2

Administrative

Not applicable

Not applicable

Not applicable

Not applicable

2a

Cases related to taxation of individuals

Not applicable

Not applicable

Not applicable

Not applicable

2b

All other cases

Not applicable

Not applicable

Not applicable

Not applicable

           

3

Criminal cas.

[3.690]

[6.455]

[7.139]

[3.006]

3a

Intent. homic.

6

6

5

7

3b

Robberies

174

827

821

180

3c

Drug-rel. offen.

50

504

488

66

3d

Rape

23

36

26

33

3e

Corruption off.

5

6

9

2

3f

Child sex. exp.

3

4

5

2

           
 

TOTAL

261

1.383

1.354

290

3. Information on timeframes of proceedings

The time of processing should consider only the time that was needed to process the case within the particular court, i.e. the time between the moment when the case arrived to the court and the moment when the case exited the court (e.g. final decision, transfer to a higher court to be decided on appeal, etc.). If possible, the information on timeframes of proceedings for the completed cases should be distinguishable for the cases completed after a full examination of the case (i.e. the cases that ended by a decision on the merits) and the cases that were completed otherwise (by withdrawal, settlement, lack of jurisdiction etc.).

Example III:

First Instance Court of Turin

 

Duration of cases completed in 2011 (situation as per 31.12.2011.)

   

Number of resolved cases

Number of cases pending at the end of the period

< 1 year

1 to 2 years

2 to 3 years

> 3 years

Average duration
of proceedings

1

Civil cases

[30.325]

[24.305]

       

[293 days]

1a

Litigious divor.

731

1.179

649

355

93

82

717 days

1b

Dismissals

894

763

600

68

17

78

217 days

                 

2

Administrative

Not appl.

Not appl.

Not ap

Not ap

Not ap

Not ap

Not appl.

2a

Cases related to taxation of individuals

Not appl.

Not appl.

Not ap

Not ap

Not ap

Not ap

Not appl.

2b

All other cases

Not appl.

Not appl.

Not ap

Not ap

Not ap

Not ap

Not appl.

                 

3

Criminal cas.

[7.139]

[3.006]

       

[180 days]

3a

Intent. homic.

5

7

Not av.

Not av.

Not av.

Not av.

483 days

3b

Robberies

821

180

157

9

5

8

89 days

3c

Drug-rel. offen.

488

66

55

7

4

0

37 days

3d

Rape

26

33

26

5

2

0

347 days

3e

Corruption off.

9

2

1

1

0

0

381 days

3f

Child sex. exp.

5

2

2

0

0

0

199 days

                 
 

TOTAL OF CASES

1.354

290

241

22

11

8

 

The courts are invited to provide information on the average total duration of proceedings with respect to each category of cases. The total duration is the time between the initiation of the proceedings and the final disposal of the case by the court (see the CEPEJ Time-management checklist and SATURN Guidelines).


1 http://europeansourcebook.org/

2 Done at Lanzarote on 25 October 2007, CETS No. 201 http://www.conventions.coe.int/Treaty/EN/treaties/Html/201.htm