Community Sanctions
in Croatia
Neven Ricijaš, Ph.D.
Department of Behavior Disorders
Faculty of Education and Rehabilitation Science
University of Zagreb
Content
1.
2.
Community Sanctions for Juvenile
Offenders
Community Sanctions for Adults (Major
Offenders)
Juvenile offenders
1.
Legal backgroud
2. Practice
Law on Juvenile Courts
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1.
2.
3.
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Major law
Juveniles have a special position in Croatian
justice system
The Law differs three age groups of young
offenders:
Younger juveniles (14 to 16 years of age)
Older juveniles (16 to 18 years of age)
Younger adult persons (18 to 21 years of age)
Centers for Social Welfare have a special
position in procesing juvenile offenders
Criminal offence
Police
Criminal
charges
Center for Social Welfare
1. Report and analysis
2. Conducting and supervising
sanctions
Attorney
office
accusation
Juvenile
Court
Sanction
Two types of measures
1. Educational measures…
2. Juvenile Prison:
 only for older juveniles (16 +)
 Max. 5 years (exceptionally 10 years)
 In juvenile prison until they turn 23 years
of age
Educational measures
A) Measures of warning
1. Judicial admonition
2. Special obligations (max. 1 year)
3. Assignment to disciplinary center (15 days – 3 months)
B) Measures of probation (6 months – 2 years)
4. Increased supervision and surveillance
5. Increased supervision and surveillance with daily reporting to
correctional institution
C) Institutional measures
6. Assignment to correctional institution (6 months – 2 years)
7. Assignment to rehabilitation center (6 months – 2 years)
8. Assignment to special correctional institution (max. 3 ears)
Juvenile probation
Increased supervision and
surveillance
Sanction can last from 6 months to 2
years
 Social welfare center is responsible for
the sanction
 Probation officer can be a professional
workin in the Center, or external associate
(external P.O.)
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
The Juvenile Court supervises probation
at least once in 6 months
History
Croatia has a long history of community
(probation) sanctions for juveniles
 The Law from 1918. says that juveniles
can be release on probation from
institution
 The Law from 1959. puts juvenile
probation (as community sanction) as
regular sanction

Graf 1: Frekvencije izricanja kaznenih sankcija prema maloljetnim počiniteljima kaznenih djela
60
50
40
Mjere pojačanog nadzora
Mjere upozorenja
% 30
Zavodske mjere
Maloljetnički zatvor
Pridržaj maloljetničkog zatvora
20
10
0
1987 1988 1989 1990 1991 1992 1993 1994 1995 1996 1997 1998 1999 2000 2001 2002 2003
godina
Statistics 1.

Juvenile probation makes 50% of all
sanctions for juvenile offenders and it’s a
very important sanction in Croatia
Special obligations have an important role
in juvenile probation
 They are oriented on a specific risk factor
that contributed to the offence or is a dynamic
risk factor that predicts recidivism
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1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
to apologize to the victim,
to restitute the damage from the criminal offence in the way
juvenile can (the Law prescribes that juvenile can’t work more
than 60 hours and he has to restitute the damage within tree
months),
to go to school regularly,
to go regulary to his workplace,
to take vocational training he prefers and has culpabilities
for,
to accept job and to be persistent in it,
to do the community work (the Law prescribe that juvenile
can’t work more than 120 hours and he has to finish it within
6 months),
to avoid some places (bars and locals) and to keep distance
from some people that my have negative influence upon him,
to undertake some medical procedure or a drug
rehabilitation program (this obligation can only be realized
with the acceptance of his parents or legal representative),
to join individual or group counseling,
to undertake seminars for some qualification,
restriction of leaving his place of residence without special
approval of his Center for Social Care,
to go to driving school to test his knowledge of traffic rules.
Statistics 2.
Criminal offences:
 55% for property offences
 30% for drug offences
 5% for violent offences


Other offences are against public order,
authenticity of documents, safety of
persons and property and safety in
traffic…
Probation officer 1.
Makes assessment
 Makes individual treatment program
 Writes monthly reports
 Sends reports to the Court every 3 months
 Works individually with the juvenile
 Works with the parents
 Supervises school, work, leisure time
activities, peers, drug use… - all risk factors
for recidivism

Probation officer 2.
After two years (maximum) writes final report
to the Court
 Finishes interventions

Juveniles don’t have an official criminal record
 They can get a document from the Court as if
they have never been sentenced
 Police has the record, so does the Court and
attorney office and the Center, but it’s not a
public document
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???…questions…???
Community sanctions
for adults
1. conditional sentence with probation
2. community work
1. Probation
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1.
2.
3.
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Croatian Criminal Code differs 3 types of
community sanctions:
Conditional sentence
Conditional sentence with supervision
(probation)
Community work
Legal background was adopted in 1922. but
there was no organization in practice till the
late 90’s
Probation and Community Work Code
In 1999
 Probation can be sentenced for offences
up to 5 years of prison (exceptionally
up to 10 years)

Probation can last from 1 to 5 years
 Special obligations can also be given
within probation
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Probation officers
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Professionals who work in justice system
(prisons, jails, etc.)
But also professionals who work in other public
systems (especially social welfare system that
have experience in juvenile probation)
We don’t have probation service yet, nor is
probation officer a full time job – so it’s a part
time job activity
Current reforms within the Ministry of Justice are
building a probation service and are working on
professionalisation of probation activities
2. Community work
The aim of this sanction is to reduce the
number of short prison sanctions (up to 6
moths of prison)
 Person has to agree to this sanction
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Min. 10 working days (eq. for 30 prison days)
Max. 60 working days (eq. for 6 months in prison)
Min. time = 1 month
Max. time = 1 year
Statistic 1.
Probation
2002.
2003.
2004.
2005.
2006.
2007.
Total
52
81
90
158
252
188
821
Community work
2002.
2003.
2004.
2005.
2006.
2007.
Total
16
41
75
100
284
446
962
Statistics 2.
Most common offences in Probation
1. neglect and maltreatment of a child or a
juvenile
2. violence in the family
3. drug offence
4. property offence
5. lewd acts

Statistics 3.
Most common offences in Community
Work
1. drug offences
2. property offences
3. violent behavior
4. injury
5. illicit possession of weapons and
explosive substances
6. causing traffic accident
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Future development of Probation in
Croatia
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Creating Probation Department within Ministry
of Justice, with Probation Offices in every
major region in Croatia
To have P.O. as full time professionals
New Law on Probation defines more
community sanctions
Probation Service will work in pre trail, on
probation, on parole and community work
Also with victims
As well as with family members (of an offender
and of a victim)
Thank you for your attention…
???...questions…???