Alternative penal sanctions to ease the strain on the judiciary and the penitentiary system

Jordan

IRZ organised an online exchange of experience on the application of alternative penal sanctions and alternatives to pre-trial detention on 21 September 2022 in cooperation with the Jordanian Judicial Council and the Jordanian Judicial Academy.

Participants on the Jordanian side were judges at various courts and representatives of the Public Prosecutor’s Office.

Priorities of the online exchange of experience

The professional exchange focused on the following priorities:

  • Alternative penal sanctions and their area of application in Jordan and Germany (barriers, advantages and disadvantages)
  • Legal framework, procedures and conditions for the application of alternative penal sanctions and alternatives to pre-trial detention
  • Procedures and working mechanisms of the authorities in the application of alternative penal sanctions and alternatives to pre-trial detention in Germany

Legal bases for alternative penal sanctions in Jordan

On the Jordanian side, Judge Dr Hassan Al-Abdallat from the Amman Public Prosecutor’s Office held a talk on the various alternative penal sanctions and their legal bases in Jordan. In 2017, for instance, a variety of alternatives to pre-trial detention (especially for petty offences) were introduced into law as part of a reform of the Code of Criminal Procedure in Jordan. They include use of electronic ankle bracelets or the option of community service instead of a custodial sentence.

Talks on the topics of the penitentiary system and resocialisation in Germany

Representing IRZ at the event were Mr Andreas Stüve, Senior Public Prosecutor at the Düsseldorf Public Prosecutor’s Office, and Mr Pascal Décarpes, international advisor to the European Union in the penitentiary system and resocialisation. Their talks addressed the issues of the private prosecution procedure, opportunity decisions, the instrument of accelerated proceedings and the suspension of sentences for probation. There was also a discussion on probation and correctional services, as well as the significant role that civil society organisations play in this context.

Relief for the penitentiary system

The exchange elucidated the differences between, but also the similarities in, the two countries’ systems. Nonetheless, both Jordan and Germany share a fundamental interest in easing the strain on the (criminal) justice and penitentiary systems.

Funded by the Federal Ministry of Justice

The event was held with institutional funding from the Federal Ministry of Justice.

Virtual exchange of experience on public procurement law

Jordan

A first virtual exchange of experience on the topic of public procurement law and the lawful award of public contracts was held on 22 June 2022 in cooperation with the Jordanian Ministry of Justice.

The Jordanian Ministry of Justice has been working on reforming the legal framework of public procurement law since 2019. It informed IRZ of its significant need for counselling on this topic as early as 2021.

The event specifically addressed the communication of skills and competencies in the requirements of public procurement law and the award of public contracts. In the long term, this is intended to contribute to strengthening transparency in the social market economy structures.

On the Jordanian side, Ms Wafaa Sami Abu Zaid, Head of Department for Procurement Law at the Jordanian Ministry of Justice, reported on the current guidelines and processes in public procurement law. She also discussed the structural changes that have been implemented so far, as well as the monitoring system and emerging challenges.

An expert on public procurement law from the Higher Regional Court of Cologne took part in the seminar on behalf of IRZ and gave a talk on the public procurement procedure and the awarding of public contracts in Germany, the content of contracts between public authorities and private-sector companies and the connection between public procurement law and competition.

During the discussions, the participants established the differences and similarities between the German and Jordanian approaches in the area of public procurement law, giving special consideration to the legal framework and public procurement procedures. They also discussed aspects of drafting framework agreements and dealing with public tenders. There is a need to initiate sweeping reforms of procedures in Jordan and to improve overall transparency. The talk by the German expert was brought to a successful conclusion by suggestions and recommendations on methods to manage the procurement process.

The lively discussion and exchange of experience between all participants demonstrates the significant interest in this topic on the Jordanian side. IRZ therefore intends to continue and build on the cooperation in this field with the Jordanian Ministry of Justice.

Exchange of experience on the fight against tax evasion and money laundering

Jordan

IRZ organised a virtual exchange of experience on the fight against tax evasion and money laundering on 7 July 2022 in cooperation with the Jordanian Judicial Council and the Judicial Academy. The event was held with institutional funding from the Federal Ministry of Justice.

Participants on the Jordanian side were judges at various courts and representatives of the Public Prosecutor’s Office specialised in tax law.

The following topics were discussed at the event:

  • methods that the tax authorities and Public Prosecutor’s Office can use to uncover tax evasion
  • procedures and legal mechanisms for prosecuting tax evasion
  • legal measures for preventing tax evasion.

On the Jordanian side, Mr Hussein Abu Al-Samen, President of the Court of Appeal, gave a presentation on the measures to combat tax evasion in Jordan. He referred to the amendments to the Jordanian laws on the collection of income and sales tax and emphasised the immense importance of enabling access to the information held by the financial authorities. Moreover, he addressed the role of public relations in tax matters and the importance of educating taxpayers. Citizens are more willing to pay their taxes if the state uses these revenues efficiently and for the common good.

Dr Michael Nehring, judge at the Regional Court of Bonn, and Mr Stefan Schlotter from the Frankfurt Public Prosecutor’s Office represented IRZ at the event. They discussed the situation in Germany and outlined the instrument of voluntary disclosure. Their talks also dealt with the specialised public prosecutor’s offices for capital market offences and the legal measures to prevent tax evasion.

IRZ is planning additional events on these issues in cooperation with its Jordanian partner institutions to reflect the significance and topicality of this topic.