Developments of
Probation and
Mediation Service
The Czech Republic
Basic information
 Czech
population about 10 mil
 Criminal
liability was set to start at 15
years of age; a juvenile is a person
between 15 and 18 years of age.
 Children
under 15 are not criminally
liable, but they may be subject to
measures specified under this law
(such as probation supervision)
Motto

Justice can be
understood as
restoration and
reconciliation rather
than retribution. If
crime hurts, justice
should repair the
harm and assist
recovery.
Howard Zehr
From the beginnings…
Probation and Mediation Service of CR was established
1.1. 2001 as:


organizational units of the state and accounting
units
governmental body – “independent part“ of Ministry
of Justice (MoJ – decisive authority in area of personal,
organization, economic and financial matters)
Act No. 257/2000 Coll. Probation and Mediation Act
two new professionals
- probation officer and assistent
Mission Statement

PM Service is endeavouring to bring about the
effective and socially beneficial resolution of
conflicts arising out of criminal offending.

At the same time, it is working to ensure the proper
carrying-out of alternative sentences, placing an
emphasis on the interests of victims, the protection
of the community, and crime prevention.

The Czech Probation and Mediation Service
represents a new institution in the field of criminal
justice policy and arises out of collaboration between
two professions: social work and the law.
Preliminary stage of criminal proceedings

V/O Mediation

Pre-sentence report

Supervision replacing
Remand Custody

Advice and
assistence to victims
Post-sentence stage

Pre-sentence report
 Parole and probation
supervision
 Community work
 Home detention
 Prohibition of attending
sports or cultural events
or other kind of activities


Advice/assistence to
victim
V/O Mediation
Graf 2 – Podíl nově evidovaných spisů v přípravné a vykonávacího řízení v letech 2001–2011
Podíl spisů
100%
Vykonávací řízení
90%
Přípravné řízení a řízení před soudem
80%
70%
60%
50%
40%
30%
20%
10%
0%
2001
2002
2003
2004
2005
2006
2007
2008
2009
2010*
2011
Rok
The highest level of management
MoJ
Council for
Probation and
Mediaiton
Probation and
Mediation
Service
director is appointed by MoJ
Organization structure
Headquarter
Prague
• National level of management (economic and
administrative agenda, professional agenda,
statistics, training, project activities, IT, interational
agenda)
County
courts
8
• Regional level of management (8
regional chiefs)
Judicial
districts
74 + 4
• Probation and
mediation
centers (officers,
assistants)
Qualification and trainning
Probation officers
1. shall be unimpeachable
2. have to have capacity for legal action
3. shall hold a university degree in the field of social sciences
obtained by graduating from a master's degree programme
4. shall hold professional exam which the office lets him/her sit for
after passing an elementary qualification training
Probation assistents
1. shall be unimpeachable natural person aged over 21
2. have to have a capacity to take legal action
3. have to complete a secondary school education in the field of
social sciences
4. shall to pass qualification trainning
Czech model = under one roof
Probation
Mediation
out-of-court mediation with
the aim of solving a
conflict between the V/O
Execution of supervision
Monitoring of execution of
alternative sentences
Assistence to the offenders
and influence them
activities leading to solving
a conflict situation
only with explicit consent
from the offender and the
victim.
European Probation Rules
Recommendation CM/Rec(2010)1

93. … probation agencies shall assist victims in dealing with the
consequences of the offence committed, taking full account of the
diversity of their needs.

95. … probation agencies are in contact with victims and/or seek
their views, the latter shall be clearly informed that decisions
regarding the sanctioning of offenders are taken based on a number
of factors and not only the harm done to a particular victim.

96. … interventions of probation agencies aimed to victims shall
respect the rights and needs of victims and shall aim at increasing
offenders’ awareness of the harm done to victims and their taking
responsibility for such harm.
European Probation Rules
Probation agencies shall
work in partnership with
other public or private
organisations and local
communities to promote the
social inclusion of offenders.
Co-ordinated and
complementary inter-agency
and inter-disciplinary work is
necessary to meet the often
complex needs of
offenders/victims and to
enhance community safety.
Services for
V/O
Police, prison service
PM Service
Judge,
prosecutor
Graf 5 – Podněty k zahájení činnosti v přípravném řízení v letech 2002–2011
Podnět
100%
90%
80%
70%
60%
50%
40%
30%
20%
10%
Policie
Státní zastupitelství
Soud
Obviněný/odsouzený
Poškozený
Ostatní
0%
2002*
2003*
2004*
2005
2006
2007
2008
2009
2010
2011 Rok
Theoretical pillars of practice of PMS
Restorative Justice idea
Inspiration of effective practice of our foreign
colleagues (Canada, UK, Netherlands, Germany,
Finland, Austria, Norway, Switzerland, Croatia)
The international projects and co-operation focused
on:
1. upgrading and development of effective practice
(risk assesment, parole boards, programs for offenders,
youth offending teams,restorative conferencing)
2. training and education proffesionals
3. helping with building new probation services in
Europe (Czech experts help experts from other
countries)
Domestic experience and own practice