IRZ organised two online seminars on cooperation between forensic medicine and the judiciary in Jordan and Germany on 26 and 27 September 2022. The events were held in cooperation with the Jordanian Judicial Council and the Judicial Institute of Jordan.
Mr Christian Schmitz-Justen, Vice President of the Higher Regional Court of Cologne, Mr Bernhard Theisen, Presiding Judge at the Higher Regional Court of Cologne, Univ.-Prof. Dr. med. Michael Bohnert from the Institute of Forensic Medicine at the University of Würzburg and Mr Andreas Stüve, Senior Public Prosecutor at the Düsseldorf Public Prosecutor’s Office took part in the events on behalf of IRZ.
Topical Priorities of the Events
With its focus on civil law, the first event mainly addressed the principles governing expert witnesses and the juridical and practical issues involving the participation of medical experts in Germany and Jordan.
The second event concentrated on cooperation between the judiciary, forensic medicine and the investigating authorities in the area of criminal law.
The German and Jordanian speakers used their talks to address the following and other topics:
organisation and structures of forensic medicine in Germany and Jordan as well as formal procedures for forensic medicine training;
procedures and methods for determining medical malpractice and consequences under criminal law;
general issues of medical liability; and
judicial interpretation of expert opinions in the area of medicine.
Forensic Medicine in Jordan
It became clear that there are many similarities between the two countries, especially in medical liability law and with regard to the involvement of experts and their expert opinions. Differences also became apparent in the training and structure of forensic medicine, among others. While forensic medicine is self-governing in Germany, it is attached to the Ministry of Health in Jordan. In addition, only 19 coroners are currently practising in Jordan. There are plans to increase this number significantly in the coming years.
Participants on the Jordanian side were judges at various courts, representatives of the Public Prosecutor’s Office and members of the forensic medicine profession.
The online seminars were held with institutional funding from the Federal Ministry of Justice.
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.
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.
