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Developments and challenges in probation practice: Is there a way forward for establishing effective and sustainable probation systems?

Author(s): Frank John Porporino / Language(s): English Issue: 1/2018

Probation has been an historically important option for sanctioning criminal offending since the mid 1800s. Originally grounded in notions of volunteerism and community engagement to support rehabilitation of less serious offenders ‘through understanding, kindness, and sustained moral suasion’, probation was quickly institutionalized around the world as a major component of the criminal justice system. But modern probation practice is now struggling to define its proper aim, priorities and ways of working. Probation varies considerably across jurisdictions in how it is structured and organized, how well it is resourced, and how commonly it is used. But clearly what modern probation practice is ‘able’ to do in many jurisdictions does not match with what it ‘should’ do. The article will highlight some key challenges faced by probation and suggest some ways forward for it to get closer to what it ‘should’ do – in adopting a wellintegrated and evidence informed model of practice.

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Miranda Boone and Niamh Maguire (eds), The Enforcement of Offender Supervision in Europe. Understanding Breach Processes

Author(s): Martine Herzog-Evans / Language(s): English Issue: 1/2018

Review of: Miranda Boone and Niamh Maguire (eds), The Enforcement of Offender Supervision in Europe. Understanding Breach Processes, Routledge: Abingdon, 2018, 268 pp.: ISBN: 978-1-138-21515-3 €105 (hbk).

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HOPE probation: A new path to desistance?

Author(s): Lorana Bartels / Language(s): English Issue: 3/2017

This article seeks to understand Hawaii’s Opportunity Probation with Enforcement (HOPE) program through a desistance framework. The article commences with a brief overview of the literature on desistance and HOPE. It then explains how HOPE works. The main section of the paper describes observations of HOPE in action and the extent to which these align with McNeill et al.’s (2012) eight principles of desistance. The paper concludes with some observations on the HOPE program as a pathway towards hope, desistance and the promise of better communities.

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M Vanstone and P Priestley P (eds) Probation and Politics: Academic Reflections from Former Practitioners

Author(s): Brian Stout / Language(s): English Issue: 3/2017

Review of: M Vanstone and P Priestley P (eds) Probation and Politics: Academic Reflections from Former Practitioners, Palgrave Macmillan: Basingstoke, 2016; 292 pp.: ISBN 978-1-137-59557-7, €74.96 (hbk)

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Freedom, so close but yet so far: The impact of the ongoing confrontation with freedom on the perceived severity of punishment

Author(s): Elli Gilbert,Helene De Vos / Language(s): English Issue: 2/2017

The severity of a particular sentence is often assumed to be reflected by its degree of liberty-restriction: a five-year prison sentence is considered more severe than a oneyear prison sentence, and imprisonment is considered more severe than electronic monitoring. Yet, the relationship between the degree of liberty-restriction and the experienced severity is more complex. Based on ethnographic fieldwork in two Belgian and two Norwegian prisons, and phenomenological interviews with electronically monitored offenders, this article argues that a lesser degree of liberty-restriction can result in a more painful experience of this liberty restriction, but still contributes to the offenders’ reintegration.

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Probation officers for young offenders in 1920s Scotland

Author(s): Christine Kelly / Language(s): English Issue: 2/2017

Relatively little is known about early probation systems in Scotland. While there has been growing interest in Scottish probation history, many aspects of early 20th century probation practice remain unexplored. This article looks in particular at the role of early juvenile probation officers, their background, their ethos, their guiding principles and methods. Probation in 1920s Scotland was a controversial topic that provoked much debate, chiefly concerning the appropriate personnel to act as probation officers and under what conditions should they operate. The article examines these debates regarding probation reform in the interwar period.

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Martine Herzog-Evans, Droit de l’exécution des peines [The law on the implementation/execution of sentences]

Author(s): Nicola Padfield / Language(s): English Issue: 2/2017

Review of: Martine Herzog-Evans, Droit de l’exécution des peines [The law on the implementation/execution of sentences], 5th edn. Dalloz Action, 2016; 1522 pp.: ISBN 978-2-247-137771-8, £78.00 (pbk)

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Hannah Graham, Rehabilitation Work. Supporting Desistance and Recovery

Author(s): Martine Herzog-Evans / Language(s): English Issue: 2/2017

Review of: Hannah Graham, Rehabilitation Work. Supporting Desistance and Recovery. Routledge: Abingdon, 2017; 226 pp.: ISBN: 978-1-138-888729-2, ISBN: ISBN 10: 1138888729 / ISBN 13: 9781138888722

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Post-script: Guide, guard and glue – Electronic monitoring and penal supervision

Author(s): Fergus McNeill / Language(s): English Issue: 1/2017

This issue of the European Journal of Probation provides us with contemporary, considered and thoughtful analyses of the development of electronic monitoring (EM) in the context of penal sanctions and measures in five jurisdictions: Australia, Belgium, Germany, the Netherlands and Scotland. The guest editor of this special issue – Professor Kristel Beyens – deserves great credit for pulling together such an interesting and important collection of papers. She has asked me – as someone deeply interested in penal supervision but to some extent detached from debates about EM – to offer some closing reflections. In what follows, I try to do that, not through any attempt to synthesise the analyses of these excellent papers, but rather simply by sharing the thoughts and questions they provoked in this reader.

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Lacey Schaefer, Francis T Cullen and John E Eck Environmental Corrections. A New Paradigm for Supervising Offenders in the Community

Author(s): Nick Flynn / Language(s): English Issue: 1/2017

Review of: Lacey Schaefer, Francis T Cullen and John E Eck Environmental Corrections. A New Paradigm for Supervising Offenders in the Community, SAGE Publications: Thousand Oaks, California, 2016; 200 pp.: ISBN 978-1-5063-2328-2, $53.00 (pbk)

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Fergus McNeill, Ioan Durnescu and René Butter (eds), Probation: 12 Essential Questions, Palgrave Macmillan: Basingstoke

Author(s): Vivian Geiran / Language(s): English Issue: 1/2017

Review of: Fergus McNeill, Ioan Durnescu and René Butter (eds), Probation: 12 Essential Questions, Palgrave Macmillan: Basingstoke, 2016; 281 pp.: ISBN 978-1-137-51981-8, €37.44 (pbk), €96.20 (hbk)

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THE RIGHT OF A PRE-TRIAL DETAINED PERSON TO LEGAL AID (ARTICLE 245 § 1 OF THE CODE OF CRIMINAL PROCEDURE)

Author(s): Piotr Krzysztof Sowiński / Language(s): English Issue: 27/2019

The aim of the paper is to discuss the issue of detainee’s access to legal assistance provided by an attorney or legal adviser, i.e. representatives of two equivalent legal professions. The author analyzed the restrictions related to access to such assistance, as well as the conditions enabling the detaining authority to reserve its presence during a detained person’s conversation with one of the abovementioned legists. The paper also points out the doubts regarding the legal status of the consultant, i.e. whether he or she should be treated as a sui generis defender or a legal representative.

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Łączność skazanych ze światem zewnętrznym – kontakty poza murami zakładu karnego

Author(s): Agnieszka Magdalena Świergała / Language(s): Polish Issue: 41/2019

The purpose of this article is to analyze some normative solutions included in currently applicable Executive Penal Code, which ensure that prisoners sustain contact with the outside world. From among the entire range of instruments, the ones that allow a convict to leave prison walls were discussed. The role of sustaining contact with outside world, with particular emphasis on family ties, was also analyzed. Potential threats resulting from granting of passes or permits to temporarily leave the prison were also indicated, which allowed to formulate de lege ferenda postulates.

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Uzasadnienie niestosowania nadzwyczajnego złagodzenia kary – wątpliwości na tle art. 424 § 2 k.p.k.

Author(s): Krzysztof Kmąk / Language(s): Polish Issue: 39/2018

The article concerns the problem of the statement of reasons, in case of non-applying an extraordinary mitigation of the penalty. According to Article 424 § 2 of the Code of Criminal Procedure, the court has to justify applying an extraordinary mitigation of the penalty. The author proves that the court also has to justify non-applying an extraordinary mitigation of the penalty, in case of “situations provided for in a statute” (Article 60 § 1 of the Penal Code) or it is possible that perpetrator fulfilled the conditions of obligatory extraordinary mitigation of the penalty (e.g. Article 60 § 3 of the Penal Code).

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Prisoners and the Law: Rethinking Prisoners’ Rights and Implementation Challenges in Kenya’s Justice System

Author(s): Abel Bennett Holla / Language(s): English Issue: 08/2020

International Organizations such as the Council of Europe and the United Nations have developed several legal provisions on prisoners’ rights. These liberal rules are intended to improve how various actors handle incarcerated offenders in the criminal justice system. Local legislations have similarly been developed by various countries to protect and safeguard the right of prisoners. This review will examine various international legal provisions and the local statutory requirements available under the Kenyan justice system. In particular, the requirements of the United Nations Standard Minimum Rules for the Treatment of Prisoners (UNSMR) will be examined and compared to various local legal provisions in the Penal code and the Prisons Act (CAP 90 of the Laws of Kenya). Additionally, the examination will cover some of the challenges that hinder the effective implementation of local and international rules on prisoners’ rights in the Kenyan context.

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Posibile cauze de încetarea a procesului penal în cursul camerei preliminare

Author(s): Cristina Teodora Pop / Language(s): Romanian Issue: 1/2020

The criminal action is terminated, during the trial, either by a definitive ruling of conviction, by renouncing to apply a punishment, by postponing the application of the punishment, by acquittal or by ceasing the criminal case. Out of the cases listed above, the ceasing of the criminal case is pronounced in any of the hypotheses provided for in art.16 paragraph (1) let. e) -j) of the Code of criminal procedure, hypotheses that include amnesty, prescription and death of the accused person. In respect to the latter, the question that arises regards the possibility of ceasing the criminal proceedings during the preliminary chamber, respectively of regulating the right of the preliminary chamber judge to ascertain the intervention of one of the situations provided in art. 16, paragraph (1), let. f) of the Code of Criminal Procedure, in regard to the person of the defendant, in order to protect his individual liberty. Otherwise, the defendant is subject to an unjustified extension of his procedural capacity, that extends up until a subsequent date situated after the beginning of the trial.

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APLICAREA ARESTĂRII PREVENTIVE. ASPECTE TEORETICO-PRACTICE

Author(s): Artur Airapetean,Sanda Țoncu / Language(s): Romanian Issue: 01/2021

The given study represents the rendering of the circumstances, which are the basis for the application and extension of the arrest. Arguments are presented regarding the pertinent practice of national and international courts in combating the phenomenon of unfounded application of pre-trial detention. The study aims to elucidate theoretical and practical aspects in a comparative way, but also with the arguments promoted by the Strasbourg Court.

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Wykonywanie pracy społecznie użytecznej w ramach kary ograniczenia wolności

Author(s): Maciej Małolepszy,Monika Pierzchlewicz / Language(s): Polish Issue: 1/2020

This paper discusses the problems of selecting a place for performing socially useful work, as a part of the penalty of limitation of liberty, and the unpaid nature of such labor. The first part of the article presents a critical evaluation of the legal regulations governing unpaid, controlled, and socially useful work. The authors provide a critical view of the unpaid nature of such labor and the lack of sufficient influence of convicted individuals on the choice of a place where this work is performed. Further parts of the article present a proposal of a new regulation which would introduce deductions from the remuneration as the main part of the penalty of limitation of liberty.

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Aktualne tendencje w polityce kryminalnej wobec przestępczości podatkowej

Author(s): Leszek Wilk / Language(s): Polish Issue: 1/2021

Legislative response to tax crime reflects the trends that are observed throughout criminal law resulting from theory to which, a crime is an evidence of a defectively constructed law, the result of which is increasing instability, casuistry and regulatory drift with tendency to extend of scope criminalization and aggravating penalties. In the field of tax crime, it is called “closing tax loophole”. The legislator, by declarating war on tax frauds, didn’t increase penalties for tax frauds, however, legislator increased penalties for unreliable invoice and bills trading. Within the Fiscal Penal Code, this is reflected by tightening of a provisions concerning the unreliable invoice and bills trading, while within the Criminal Code – introducing a aggravated types of documents forgery which have their subject invoices. The draft amendment of the Fiscal Penal Code (December 2018) was another manifestation of discussed tendencies. Its essence came down to further extend of scope criminalization, aggravating penalties and distortion of priority of principle for enforcement to public levies. However, this draft didn’t enter into force, instead, for two years – the legislator, by means of amendments, consequently, extends the scope of criminalization, extending it to the cases of failure or improper performance of information obligations. Apart from tax frauds, what concerns to tax authorities and legislators of several countries, is the so-called “aggressive tax optimization”, in which certain activities, e.g., asset disposal or social structure transformation, are undertaken solely or primarily – tax burden reductions. Its criminalization extends to the far “frontiers” and leads to imposition of criminal penalties for failure or improper fulfillment of reporting obligations the so-called “tax scheme”, which is intended to allow, to tax authorities – an early identification of taxpayer’s behaviours that are reflected by aggressive tax optimization.

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Special case of temporary suspension of criminal prosecution (§ 159C and § 159D of the Criminal Procedure Code): an effective legal instrument in the fight against corruption or covert introduction of the institution of crown witness?

Author(s): Bronislava Coufalová / Language(s): English Issue: 1/2021

Corruption is one of the most dangerous phenomena of contemporary society. So it is no wonder that the legislator and the whole society are always looking for new ways to effectively combat such negative phenomena. However, corruption has one specific feature, which is high latency, compared to other forms of crime. Given that corruption is characterized by a high degree of latency, it is understandable that traditional means of criminal law are unable to ensure effective detection and prosecution of this type of crime. There is a relatively new procedural legal instrument in the fight against corruption in Section 159c and 159d of the Criminal Procedure Code. However, the question is whether this new provision is not merely a covert introduction of the institution of the crown witness into the Czech legal order.

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