of February 14, 2008 No. 8-XVI
The Parliament adopts this organic law.
This law regulates the organization and functioning of bodies of probation, establishes their competences for the purpose of prevention of recurrence of crime, regulates assistance and consultation of subjects of probation for their reintegration into society.
In this law the following basic concepts are used:
probation - psychosocial assessment and control of persons which are in the conflict with the penal statute, their resocialization, and also adaptation of persons exempted from places of detention for the purpose of the prevention of making of new crimes;
pre-judicial probation - psychosocial assessment of the identity of the suspect, person accused, defendant;
communitarian prigovorny probation - set of measures for resocialization of persons exempted from criminal penalty in the form of imprisonment, on control of their behavior and accomplishment of the obligations assigned to them;
penitentiary probation - set of the social and educational measures which are carried out in penal institution and also measures for training of prisoners for release;
post-penitentiary probation - assistance to persons exempted from places of detention for the purpose of their reintegration into society;
the personal record - the confidential document combining all materials about person concerning whom the probation is performed;
the database - all information on person concerning whom the probation is performed;
advisory board on probation - the consultative body assisting optimum cooperation of all bodies in realization of policy in the field of probation;
the adviser for probation - person which is directly performing activities of probation;
assistance and consultation - set of the measures directed to reintegration of subjects of probation into society.
Activities of probation are performed on the basis of the following principles:
a) respect for human rights and respect of human dignity, non-admission of discrimination in any its manifestation, including because of restriction of opportunities, infectious or noninfectious chronic disease;
b) continued support and encouragement of subjects of probation to which the help and consultation, for the purpose of their reintegration into society and captures by them on themselves are provided to responsibility for the actions by forming at them the correct relation to law and order and regulations of coexistence in society;
c) timeliness, ensuring effective public reaction to committed act, intervention in the problem resolution of person which is in the conflict with the penal statute taking into account psychosocial situation and real circumstances of crime execution;
d) participation of the public in the course of assistance, psychosocial consultation and control;
e) differentiation and psychosocial individualization of the subject of probation and the crime committed by it;
f) presumption of innocence of the subject of probation;
g) compliance with law and judgments;
h) maintaining confidentiality of personal data.
(1) Resocialization assumes process of influence on the subject of probation (organizational, psychosocial, pedagogical, educational, etc.) for the purpose of change of negative bents, antisocial behavior and fixing of results of correction.
(Elements of resocialization include 2):
a) assessment of the personality and requirements;
b) motivation assessment to change;
c) assessment of danger of recurrence;
e) assistance and consultation.
Account of subjects of probation is kept in electronic registers and on paper basis in the procedure established by the legislation. The basis for accounting of subjects of probation are the decision of degree of jurisdiction, the resolution of the prosecutor or the presidential decree of the Republic of Moldova on pardon.
(1) Assessment of the identity of the subject of probation consists in the analysis of process of behavioural change, resocialization of the subject of probation and is performed by means of individual intervention.
(2) Results of assessment join in the questionnaire of assessment of the identity of the subject of probation.
(3) the Questionnaire of assessment of the identity of the subject of probation is constituted on paper basis and in electronic form.
(4) After assessment of the identity of the subject of probation within post-penitentiary probation the plan of intervention is constituted.
(1) Planning of probation assumes development of complex of actions for supervision, assistance and consultation of the subject of probation for the purpose of accomplishment of tasks of probation.
(2) Implementation of measures of probation is enabled according to the Regulations on planning of probation approved by the Minister of Justice.
(1) Actions for supervision join in the plan of probation.
(2) Actions for supervision of subjects of probation are performed in the way:
a) visits at the place of residence, the place of stay, place of employment and studies;
c) control in competent authorities regarding making of offenses and crimes;
d) checks of crossing of frontier;
e) electronic surveillance;
f) other actions, stipulated by the legislation.
(1) For the purpose of assistance and consultation initial assessment with establishment of the social diagnosis, the current assessment of the situation, final assessment and completion of intervention are necessary.
(2) Initial assessment is performed taking into account needs of the subject of probation.
(3) the Current assessment of the situation consists in assessment of effects of implementation of the plan of intervention.
(Final assessment determines 4) how effective was approved plan of intervention and whether the problem of the subject of probation was reduced or resolved.
(5) Completion of intervention represents the moment when one or both parties of process of probation find that objectives are reached, or on the contrary that the help did not result in the necessary result.
(6) Activities for assistance and consultation assume also participation of bodies of the public power, religious cults and their components, other non-governmental organizations in the problem resolution of the subject of probation and can be performed by realization of probation or other programs.
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