Towards Restorative Justice or Relapse Prevention – Probation Perspective
Towards Restorative Justice or Relapse Prevention – Probation Perspective

Summary/Abstract: The present study refers to probationers, respectively to adult offenders, parolees and juvenile delinquents. The study analyzes the statistics data from 2015 and 2016 of a Romanian probation county department, to identify the type of crimes committed with co-offenders. The objective of the study was to identify if the penal court judges saw the probation period as punishment, restorative justice or rather as a relapse prevention. Two obligations were analyzed: community work, which is the most common obligation, and the obligation to avoid all interaction with co-offenders, which is addressing the most negative criminal behavior factor. Even though offenders committed crimes with co-offenders, in 45% of the cases, the penal court did not set the obligation to not meet with them during the probation period. Out of all 2318 probation clients in 2015 and 2016, in only 142 cases, representing 13%, the judges set the obligation to not meet with co-offenders, and in 861 cases, representing 37%, they set the community work obligation. Maintaining the relationship with co-offenders is a negative factor that can reduce the social reintegration and can increase the relapse rate of street offences as well as white-collar crimes. The findings highlight the fact that probation period is seen by the penal court judges as a restorative justice institution, rather than a relapse prevention one.

• Details
• Contents