Cooperation between Romania, Ireland and Italy to
support the implementation of the Council
Framework Decision 2008/947/JHA
Amsterdam, 25 January 2013
Iuliana CĂRBUNARU
Director
Romanian Probation Service
Ministry of Justice
Project financed by the EUROPEAN UNION, under the “CRIMINAL JUSTICE” PROGRAMME
The content of this material does not necessarily represent the official position of the European
Union. The European Commission is not responsible for any use that may be made of the
information contained therein
Why this project?
- We care about our citizens,
- We want to support the best ways for
executing the sentences in Romania or
abroad,
- context of increasing numbers of foreign
nationals on probation caseloads,
- Ireland and Italy - the number of Romanians
in probation first places,
- taking action in order to ensure the proper
implementation of the FD 2008/947/JHA.
Opportunities
Good communication between the
probation services between RO, IR, IT
EC Criminal Justice Programme – JPEN
What we want to achieve? - 1
• Detailed written descriptions of the national
probation systems, types of probation measures,
alternative sanctions
• Meetings - discussing on the elaborated written
descriptions, comparing the actual conditions
existing in each Partner MS as regards their
national probation systems and specific types of
probation measures, alternative sanctions,
identifying possible difficulties linked to the
legislative and practical implementation of the
Framework Decision organised
What we want to achieve? - 2
• Trans-national meetings
- in-depth analysis for developing the most
appropriate
and
effective
means
and
mechanisms of cooperation between the Partner
MS
as
regards
the
recognition
of
judgements/probation decisions, transfer of
responsibility,
supervision
of
probation
measures/alternative sanctions, as well as for
exchanging experience and best practices
organised
• Practical exercises on real cases
What we want to achieve? - 3
• A common offender anger management programme
allowing the executing Partner MS to apply probation
measures/alternative sanctions relating to offender
behaviour elaborated
• Joint training sessions for the Partner MS specialists on
implementing in practice the elaborated common
offender anger management programme organised
• Written guidelines for the practical usage of the
elaborated common offender anger management
programme edited and printed
• Final conference
What we have learned so far
• Chart the process during the transnational meetings
based on the real cases
• Build the awareness about this instrument
(representatives from all authorities)
• Improving the draft laws for implementation in each state
• Mutual trust between probation services from RO, IR, IT
Organisational structure proposed
to implement FD 947
RO - Executing state
• Ministry of Justice
• Prosecutor office
• Tribunal
• Probation service
Organisational structure proposed
to implement FD 947
RO - Issuing state
Convicted person
Probation service/court
Tribunal
Competent authority from the member state
What challenges we had identified
• Consent of the convicted person
• Competent authorities – FD encourage direct
cooperation between authorities
• Adapting the decisions
• Subsequent decisions (RO ex: CS, treatment
order)
• Residence of the offender
• Communication between authorities
• Costs
Questions
• Implementation in other MS?
• Transfers based on bilateral agreements?
• Which are the priority states?
• Willingness to supervise as a third state?
Thank you!
Contact details
Romanian Ministry of Justice
Probation Department
17 Apolodor Street, sector 5, Bucharest
Iuliana CARBUNARU – director
icarbunaru@just.ro