Community Sanctions in Croatia

Neven Ricijaš, Ph.D.Department of Behavior Disorders

Faculty of Education and Rehabilitation ScienceUniversity of Zagreb

Content1. Community Sanctions for Juvenile

Offenders2. Community Sanctions for Adults (Major

Offenders)

Juvenile offenders

1. Legal backgroud2. Practice

Law on Juvenile Courts Major law Juveniles have a special position in Croatian

justice system

The Law differs three age groups of young offenders:

1. Younger juveniles (14 to 16 years of age)2. Older juveniles (16 to 18 years of age)3. Younger adult persons (18 to 21 years of age) Centers for Social Welfare have a special

position in procesing juvenile offenders

Criminal offence

Police

Sanction

Attorney office

JuvenileCourt

accusation

Criminal charges

Center for Social Welfare1. Report and analysis2. Conducting and supervising sanctions

Two types of measures1. 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 measuresA) Measures of warning1. Judicial admonition2. 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 surveillance5. Increased supervision and surveillance with daily reporting to

correctional institution

C) Institutional measures6. 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.)

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

0

10

20

30

40

50

60

1987 1988 1989 1990 1991 1992 1993 1994 1995 1996 1997 1998 1999 2000 2001 2002 2003

godina

%

Mjere pojačanog nadzora

Mjere upozorenja

Zavodske mjere

Maloljetnički zatvor

Pridržaj maloljetničkog zatvora

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

1. to apologize to the victim,2. 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),

3. to go to school regularly, 4. to go regulary to his workplace,5. to take vocational training he prefers and has culpabilities

for,6. to accept job and to be persistent in it,7. 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),

8. to avoid some places (bars and locals) and to keep distance from some people that my have negative influence upon him,

9. 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),

10. to join individual or group counseling,11. to undertake seminars for some qualification,12. restriction of leaving his place of residence without special

approval of his Center for Social Care,13. 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

???…questions…???

Community sanctions for adults

1. conditional sentence with probation2. community work

1. Probation Croatian Criminal Code differs 3 types of

community sanctions:1. Conditional sentence2. Conditional sentence with supervision

(probation)3. 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

Probation officers 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

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

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

Statistic 1.

Statistics 2. Most common offences in Probation1. neglect and maltreatment of a child or a

juvenile2. violence in the family3. drug offence4. property offence5. lewd acts

Statistics 3. Most common offences in Community

Work1. drug offences2. property offences3. violent behavior4. injury5. illicit possession of weapons and

explosive substances6. causing traffic accident

Future development of Probation in Croatia 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…???