Transcript 1. dia - Magyarorszag

Symbolic restitution – community
sanctions in the practice of the
Hungarian Probation Service
Dr. Erzsébet Hatvani – Director General of the Hungarian Office of
Justice
“European Best Practices of Restorative Justices in the Criminal
Procedure” conference
Budapest, 27-29. April 2009.
Reasons of the complex penal reform
After change of regime:
Changing life conditions
Crime growth
Decrease in the sense of security, increasing fear
of crime
Penal responses are not efficient enough
Aims of the complex penal reform
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follow the ideas of the double track criminal policy
promote applicaton of diversionary measures/
community sanctions
restoring the harm caused to the community and
to the victims
decrease the fear of crime
cost-effectiveness
Concept of community sanction
Recommendation of the Council of Europe
/Recommendation No. R(92)16/
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Implemented within the community
Prescribes conditions and obligations for the
offender (controll element)
Supports re-integration of the offender
(support element)
Implemented by an organisation set up by
law (Probation Service)
Community sanctions
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Main aim is not the deprivation of liberty
It does not isolate the offender from the community, he/she
remains a responsible member of the society
Instead of passive, negative attitude: suffering a controll
technique, it requires positive, active attitude from the
offender: carrying out obligations, tasks, behavioural rules,
mediation, restituiton)
it builds on the integrative resources of the community
constant, personal contact with the implementing authority
(Probation Service, mediators)- use all appropriate
resources existing in the community
non-compliance with the conditions and obligations has
legal consequences
Link between community sanction and
rehabilitation
Recommendation of the Council of Europe
/Recommendation No. R(2000)22./
One direction of the penal policy in future is to
bring reparative elements to community
sanctions
Victim-offender mediation could be seen as a type
of community sanctions and measures
Obligation within the community
- Community service (free work for the
community)
- Special activities (the goal could be reparation)
- Different (group learning) programmes
- Alcohol and drug related rehabilitation
- Sanction to visit attendance centre, certain social
care service
- Complete action plan
- Banishment: certain places, professions
Restorative justice –horizontal
principle
Mission of the Hungarian Probation Service
The objective of the Probation Service is the reduction of the
risk of re-offending.
The probation officer is charged with the application of
community based criminal sanctions.
The work of the probation officer is to protect the public
through the implementation of community supervision and
the oversight of the offender.
Through supervision and support, the probation officer reinforces the potential for the re-integration of the offender
into society.
The work of the probation service is built on the principles of
restorative justice. It aims to ensure that the perpetrator
faces up to the consequences of their crimes by making good
the damage caused through mediation between the offender,
the victim and the community.
Restorative approach
Direct practice
Victim-Offender mediation
Symbolic
restitution
The direct form of restorative
approach - Mediation
- Since 2007 in Hungary
- Both in cases of adults and juveniles
- Applicable both in pre-trial (prosecution) and trial phase of
criminal procedure
- If restitution is fulfilled the criminal procedure will be terminated
(or the punishment will be mitigated)
Case numbers:
2007 – 2.451 cases
2008 – 2.976 cases
Symbolic restitution
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Punishment has a symbolic restitution element
Symbolic restitution is not necessarily the result of appliaction
of a restorative practice
Restitution is fulfilled not directly to the victim (there’s no
particular victim, there was no mediation in the procedure)
Those affected by the crime are not necessarily involved in the
decision, but the victim can choose this way of restitution e.g. in
the mediation
Offender ‘s consent is required
The way of restitution is not in direct connection with the crime
It is an activity carried out for the benefit of the community
fulfilled primarily at civil organisations
Conditions of symbolic restitution
• Offender takes responsibility for the crime,
active attitude
• Social inclusion, positive attitude of the
community
• Possibilities for symbolic restitution
Offence = fear in the community, decreasing
quality of life
Symbolic reparation = reintegration/success of
reparation
Possibilities for symbolic restitution during
implementation of community sanctions I.
Community service
• One of the main punishment
• Imposed by the Court
• Probation Service is responsible for the
implementation
• Free work for the benefit of the community
• E.g. Activities to preserve and improve
environment of settlements
• Work for the community = restoration
• Placation and the process of placation
Possibilities for symbolic restitution during
implementation of community sanctions II.
Social inquiry report, Pre-sentence report
Possibility for proposal of behavioural rules that require
restitution
E.g.
Establishing behaviour rules when accusation is postponed:
Criminal Procedure Act. 225. §
(2) The public prosecutor may require the suspect to fulfill the
following obligations:
a) partially or wholly compensate the aggrieved party for the
damages caused by the crime,
b) arrange in some other manner for restitution to be given to
the aggrieved party,
c) pay a financial allowance for a specified purpose or perform
work in the interest of the community (restitution for the
public),Criminal Code. 82.§(6)
(6) Apart from the behaviour rules contained in Subsection (5),
the court or the prosecutor may prescribe additional ones, with
particular regard to the nature of the crime, the extent of damage
and the social integration of the perpetrator.
Possibilities for symbolic restitution
during implementation of community
sanctions III.
Behavioural rules that require restitution
Pilot project: Restitution programme in the
capital cityCapital Office of Justice
(September 2007 - April 2008)
Project supported by the National Crime
Prevention Committee
Restitution programme
Capital Office of Justice Probation Service – Jóvá Tett
Hely Probation Day Centre
ELTE ÁJK Kriminológiai Tanszék
Rügyecskék Foundation
Gyermekvilág Ágyszínház Foundation
Ferencváros Family Support Service (FECSKE)
Csillebérci Szabadidő Kft.
Restitution programme
During the project 20 juvenile and adult
offenders fulfilled restitution as behavioural
rule of probation supervision
16 boys, 4 girls
(between 16-24 ages)
Gyermekvilág Ágyszínház Foundation
Visiting children in hospitals in Budapest
Providing programmes for the children
(playing, storytelling)
Training:
How to play together
Improving communication skills
Rügyecskék Foundation
Cleaning forests, collecting garbage
Mapping roads and pathes in the forests
Repairing damages
Ferencváros Family Support Service
(FECSKE)
Helping children with learning problems
Different activities in a youth club
Free time activities with children in elementary
schools
Csillebérc Szabadidő Kft.
Different activities around a youth camp:
Cleaning parks
Repairing furniture
ELTE Faculty of Law – Department
of Criminology
Acting as peer mentors
13 mentors in this project
Aims
Aims of the project:
• Strengthen participation of community in the
implementation of community sanctions
• Promote social inclusion
• Motivations of organisations involved in the project:
• Getting help for their work
• They find important to deal with young people
• They can as act role models for the juvenile offenders
(especially those people who work voluntarily in the
organisations)
Continuation
Development of the programme :
New places: Zöld Ház Probation Day Center in
Miskolc
Involving new organisations