PROBATION - IS:

  • ensuring the safety of society (community) by preventing the commission of offenses

  • providing the court with information characterizing the accused person for a fair decision (pre-trial report)

  • the organization of the execution of sentences not related to imprisonment

  • probation supervision: control of the person who committed the offense, as well as assistance aimed at supporting such person in the society (consultations, motivation to change, assistance in solving problem issues)

  • assistance to a person preparing for release from places of deprivation of liberty, in adaptation to life in society

 

WHO APPLIES PROBATION?

  • a person against whom a pre-trial report is being filed in a criminal proceeding

  • a person sentenced to a criminal offense not related to imprisonment, such as: a prohibition to hold certain positions or engage in certain activities, public and corrective labor

  • the person to whom the punishment in the form of deprivation of liberty is replaced by punishment in the form of public or corrective labor

  • a person released on a probationary basis from serving a sentence in the form of deprivation (restriction) of liberty

  • a pregnant woman and a woman who has a child under three years of age who is preparing for release from the places of deprivation of liberty is released from serving the sentence

  • person preparing for release from places of imprisonment

 

ADVANTAGES OF PROBATION:

 

FOR THE PERSON, who committed the offense:

  • the opportunity to change without being in prison (isolation from society), support for change

  • preservation of family relationships and relationships in the community

  • preservation of work and housing

  • positive social effect: the person does not lose social connections and a chance to create a family

 

FOR SOCIETY (COMMUNITY):

  • assuring the community of repeated crimes

  • fair administration of justice: the balance between a punishment for an offense committed, compensation for harm done, and the interests of members of society

 

FOR THE STATE:

  • reduction of crime

  • decrease in the number of prisoners in places of deprivation of liberty of individuals

  • positive economic effect: keeping an offender in places of deprivation of liberty is much more expensive for the state than for probation; as well as staying in a society, the person does not lose work and pays contributions to the state budget

  • compliance with international standards.

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