PROBATION IN SLOVENIA:
Past Experiences, Future Challenges
Slava Novak, Secretary, Prison Administration of the Republic of Slovenia
Zoran Skubic, Undersecretary, Ministry of Justice of the Republic of Slovenia
Probation in Slovenia: GENERAL OVERVIEW
Slovenia does not (yet) have a single organized
"umbrella" probation service. However it does
have a strongly developed, decentralized and
interlocking sistem of de facto "probation"
activities and community sanctions, carried out
by public prosecutors, Social Service
Centers (pre-trial, trial and after care,
community service), mediators (pre-trial) and
prisons (social work in prisons).
Probation in Slovenia: GENERAL OVERVIEW
• Penal legislation determines which organizations
carry out individual probation activities or measures.
These duties are defined in the Criminal Procedure
Act, the Criminal Code, The Enforcement of Penal
Sanctions Act and individual executive regulations.
• Some
activities
(ie.
supervision
of
house
imprisonment) are carried out by Court and the police.
• Various NGOs are also involved in different capacities.
SHORT PRESENTATION OF ORGANIZATIONS
INVOLVED:
SOCIAL SERVICE CENTERS
•Social Service Centers (SSCs) as a part of the general
social welfare system, under the supervision of the
Ministry of Labour, Family and Social Affairs, carry out the
most probation activities.
•SSCs act as coordination facilities for the local community
area nad are involved in the coordination of other
organizations in the local community area (employment,
health care, education, NGO’s).
SSCs carry out the probation measures of:
1. suspended sentence with custodial supervision,
2. community service and
3. conditional release with custodial supervision.
•
Special community service coordinators are employed
at the SSCs and function at regional level (12 regions).
•
SSCs cooperate with public prosecutors and judges.
•
They are also obliged to cooperate with the
professional staff and the prisoners in prison during the
process of reintegrating the prisoners back into
society.
MEDIATORS
• During the pre-trial phase victim/offender mediation can
take place at the prosecutor’s office.
• Mediators, who must fulfill certain conditions, are
managed by the public prosecutor’s office. They are also
connected through the Victim-Offender Mediation
Association in Slovenia.
• Only in cases of criminal offences for which a fine or
imprisonment of up to three years is prescribed.
• Public prosecutor’s office has several duties in this
field (deferment proceedings, final decision about the
mediation).
PRISON ADMINISTRATION
•
Prisons are internal units of the Prison Administration of the Republic
of Slovenia, which is an authority within the Ministry of Justice.
•
The Head Office is responsible for alignment, coordination and
supervision of institutions and the provision of resources for the
operation of the prisons. Prison sentences are executed in six prisons
(thirteen locations).
•
Prisons essentially carry out the probation measures of (1) weekend
imprisonment, (2) they have some administrative tasks with home
detention and in general prepare prisoners for release.
•
Prison staff provides the organization of life and work in prisons that
promotes suitable social inclusion of convicted persons into a normal
life of liberty after serving their sentence.
Probation in Slovenia: The Dilemma
• Why such diversity?
Probation in Slovenia: The Dilemma
• Why such diversity?
• Historical reasons.
Probation in Slovenia: The Dilemma
• Why such diversity?
• Historical reasons.
• Good experiences with institutions from
outside criminal justice system.
Probation in Slovenia: The Dilemma
• During the transition period after
Slovenian independence in 1991 the
established mechanisms of in-house penal
rehabilitation and postpenal after-care as a
part of the predominantly general social
welfare system were mostly left intact.
Probation in Slovenia: The Dilemma
• During the transition period after
Slovenian independence in 1991 the
established mechanisms of in-house penal
rehabilitation and postpenal after-care as a
part of the predominantly general social
welfare system were mostly left intact.
• The future?
CLASSIFICATION OF CRIMINAL SANCTIONS
• Art. 3. CC – Criminal sanctions consist
of sentences, admonitory sanctions and
safety measures.
• Art. 43. CC - Types of sentences :
- Imprisonment;
- Monetary fine;
- Revoking of driver’s licence.
CLASSIFICATION OF CRIMINAL SANCTIONS
• A sentence of imprisonment can be enacted
as incarceration or alternatively as:
- weekend imprisonment;
- home imprisonment;
- community service.
- suspended sentence with custodial supervision
- conditional release with custodial supervision
CRIME STATISTICS - ADULTS
• In 2012, criminal proceedings against 15,412
adults were concluded at criminal courts and in
total 8,427 adult offenders were convicted.
• The most frequent criminal offences among
adult perpetrators were larceny (13% of
convictions), fraud, grand larceny and security
threat (8% each).
• 67 imprisoned
inhabitants.
offenders
pro
100.000
CRIME STATISTICS - ADULTS
• In 2012, the most frequently imposed sentence among adults
was the prison sentence.
• In 83.5% of cases the sentence was suspended.
• (Only?)16.5% of adult perpetrators actually went to jail,
which means just over 1,300 adults, convicted mostly for
grand larceny, illegal production and trade in narcotics,
larceny, robbery, domestic violence and fraud.
• Fines were given
perpetrators.
to
almost
4% of
convicted
adult
Probation in Slovenia: Offences adults were most
commonly convicted of, Slovenia, 2012
WORKING WITH SUSPECTS AND OFFENDERS IN
DIFFERENT STAGES OF THE CRIMINAL JUSTICE
PROCESS (CLASSIFICATION OF “ALTERNATIVE
SANCTIONS”)
(1) Pre-trial phase: deferred prosecution;
mediation
(2) Trial
and
enforcement
phase:
suspended sentence with custodial
supervision;
weekend
or
home
imprisonment; community service
(3) Post release phase: conditional release
with custodial supervision
Pre-trial phase
• Mediation and deffered prosecution are used as
alternatives to going to trial.
• The SSC cooperates either with the public prosecutor
and the mediator (mediation) or only with the public
prosecutor (deferred prosecution).
• Example: If the public prosecutor in the deferred prosecution
proceeding issues an order for the elimination or restitution of
damages or an order for the performance of community service, the
relevant activity is prepared and supervised by the SSC in
cooperation with the public prosecutor.
Pre-trial phase
• In case the mediation proceeding leads to an
agreement, the SSCs deal with the preparation
and supervision of the performance of
community work.
• The SSCs are also in charge of the
execution/supervision of instructions and tasks,
given by a prosecutor (conditionally suspended
prosecution).
Trial and enforcement phase
Suspended sentence with custodial supervision
• Ordered by Court when it reaches the opinion that during
the term of a suspended prison sentence such a
measure is the most appropriate.
• This measure is apllied by the Court for definitive period
of time within the limits of the suspension sentence.
• Supervision is exercised by a counsellor – supervisory
officer from the SSC list, who appointed by the Court.
• The SSC appoint such counsellors from among its
professional staff or from among other suitable persons
who agree with the appointment. Instructions
Trial and enforcement phase
Weekend imprisonment
A prison sentence of up to three years, except when
imposed for a criminal offence against sexual integrity,
may be enforced so that a convict who meets the
conditions provided by the law continues working or
schooling and resides at home, except on work-free
days, as a rule at weekends, when he must stay in
prison.
Trial and enforcement phase
Home imprisonment
A prison sentence of up to nine months may also be
served under house arrest if, considering the level of
danger the convicted person represents, the
possibility of the offence being repeated, and the
personal, family and professional situation of the
convicted person during the serving of the prison
sentence, there is no need for serving the prison
sentence in a prison or if the sentence must and can be
served in an appropriate public institute due to the
illness, disability or old age of the convicted person.
Trial and enforcement phase
Community service
Can substitute a prison sentence of up to two
years. One day in prison equals two hours of
community service.
If a convicted person needs help, supervision or
protective supervision, the court may in its
judgment, for the period in which community
service is performed,
order custodial
supervision, issue one or more instructions
and appoint a counsellor.
Post release phase
Conditional release with custodial supervision
• The offender, who has served 1/2 of his sentence of
imprisonment (1/3 in special circumstances), may be
released from a penal institution under the condition that
until the term, for which he was sentenced, has elapsed,
he does not commit another criminal offence.
• The offender, who has been sentenced to over fifteen
years' imprisonment, may be released on parole after he
has served three quarters of the sentence.
• The offender, who has been sentenced to life
imprisonment, may be released on parole after he has
served twenty-five years in prison.
Post release phase
The offender, released on parole, may be put
under custodial supervision by the body
responsible for granting and denying parole.
Custodial supervision shall be performed by a
counsellor who shall have the same tasks as in
suspended sentence with custodial supervision.
Custodial supervision can last until the term, for
which offender was sentenced.
ALTERNATIVE SANCTIONS IN
PRACTICE – Statistics for 2012
• Imprisonment – 7.932 (94 % of all convictions)
• Of which suspended sentence – 6.620 (83,5 % of all
convicted offenders) and 78, 8% of total penal sanctions;
• Of which suspended sentence with custodial
supervision – 76.
• Average daily prison population – 1.418
• 67/100.000 inhabitants
• Conditional release 256 (25 %); Early release 344 (33
%) – together 57 % (total 1049), in 2013 – 70%)
ALTERNATIVE SANCTIONS IN
PRACTICE – Statistics for 2012
• Weekend imprisonment:
2008 – 5 (first introduced), 2009 – 25,
2010 – 63, 2011 – 60, 2012 – 86, 2013 –
113;
• Home imprisonment - 8
• Community service -11
Future Challenges
In view of the above, there is no central
authority in Slovenia to take overall national
responsibility for the area of probation, to
develop it, to supervise the implementation
of sanctions and measures and evaluate
existent practise.
Future Challenges
We would like to preserve good practice and
cooperation with different bodies involved and
establish a system more transparent and effective.
Future Challenges
“Control is good, prevention is better, longterm resocialization of offenders is best.”
“Preserving good practices from the past.”
“No more control than is absolutely
necessary.”
Thank you for your attention!
Najlepša hvala za pozornost!
Slava Novak, Secretary,
Prison Administration of the Republic of Slovenia,
Jesenkova 3, SI-1000 Ljubljana
P: +386 1 300 5670
F: +386 1 300 5620
E: gp.ursiks(at)gov.si
Zoran Skubic, Undersecretary,
Directorate for Justice Legislation,
Ministry of Justice of the Republic of Slovenia
Župančičeva 3, SI-1000 Ljubljana
P: +386 1 369 5342
F: +386 1 369 5783
E: gp.mp(at)gov.si
www.mp.gov.si