Transcript Document
Cooperation between Romania, Ireland and Italy to support the implementation of the Council Framework Decision 2008/947/JHA Amsterdam, 25 January 2013 Iuliana CĂRBUNARU Director Romanian Probation Service Ministry of Justice Project financed by the EUROPEAN UNION, under the “CRIMINAL JUSTICE” PROGRAMME The content of this material does not necessarily represent the official position of the European Union. The European Commission is not responsible for any use that may be made of the information contained therein Why this project? - We care about our citizens, - We want to support the best ways for executing the sentences in Romania or abroad, - context of increasing numbers of foreign nationals on probation caseloads, - Ireland and Italy - the number of Romanians in probation first places, - taking action in order to ensure the proper implementation of the FD 2008/947/JHA. Opportunities Good communication between the probation services between RO, IR, IT EC Criminal Justice Programme – JPEN What we want to achieve? - 1 • Detailed written descriptions of the national probation systems, types of probation measures, alternative sanctions • Meetings - discussing on the elaborated written descriptions, comparing the actual conditions existing in each Partner MS as regards their national probation systems and specific types of probation measures, alternative sanctions, identifying possible difficulties linked to the legislative and practical implementation of the Framework Decision organised What we want to achieve? - 2 • Trans-national meetings - in-depth analysis for developing the most appropriate and effective means and mechanisms of cooperation between the Partner MS as regards the recognition of judgements/probation decisions, transfer of responsibility, supervision of probation measures/alternative sanctions, as well as for exchanging experience and best practices organised • Practical exercises on real cases What we want to achieve? - 3 • A common offender anger management programme allowing the executing Partner MS to apply probation measures/alternative sanctions relating to offender behaviour elaborated • Joint training sessions for the Partner MS specialists on implementing in practice the elaborated common offender anger management programme organised • Written guidelines for the practical usage of the elaborated common offender anger management programme edited and printed • Final conference What we have learned so far • Chart the process during the transnational meetings based on the real cases • Build the awareness about this instrument (representatives from all authorities) • Improving the draft laws for implementation in each state • Mutual trust between probation services from RO, IR, IT Organisational structure proposed to implement FD 947 RO - Executing state • Ministry of Justice • Prosecutor office • Tribunal • Probation service Organisational structure proposed to implement FD 947 RO - Issuing state Convicted person Probation service/court Tribunal Competent authority from the member state What challenges we had identified • Consent of the convicted person • Competent authorities – FD encourage direct cooperation between authorities • Adapting the decisions • Subsequent decisions (RO ex: CS, treatment order) • Residence of the offender • Communication between authorities • Costs Questions • Implementation in other MS? • Transfers based on bilateral agreements? • Which are the priority states? • Willingness to supervise as a third state? Thank you! Contact details Romanian Ministry of Justice Probation Department 17 Apolodor Street, sector 5, Bucharest Iuliana CARBUNARU – director [email protected]