ORDER OF THE GOVERNMENT OF THE REPUBLIC OF MOLDOVA

of September 1, 2016 No. 1015

About approval of the Strategy of development for system of probation for 2016-2020 and the Action plan on its realization

For the purpose of ensuring effective realization in the Action plan probation segment on implementation of Strategy of reform of the sector of justice for 2011-2016 approved by the Resolution of Parliament No. 6 of February 16, 2012. (The official monitor of the Republic of Moldova, 2012, Art. No. 109-112, 371), the Government DECIDES:

1. Approve:

The strategy of development for system of probation for 2016-2020 according to appendix No. 1;

The action plan on strategy implementation of development of system of probation for 2016-2020 according to appendix No. 2.

2. To the Ministry of Justice:

provide process of monitoring and coordination of strategy implementation of development of system of probation for 2016-2020 and the Action plan on its realization;

provide cooperation with the international organizations and with potential partners in development for the purpose of attraction of the necessary volume of investment for realization of provisions of the Strategy of development for system of probation for 2016-2020 and the Action plan on its realization.

3. To provide to the ministries and other central administrative authorities accomplishment of the measures provided in the Strategy of development for system of probation for 2016-2020 and the Action plan on its realization according to their competences.

4. To impose control over the implementation of this resolution on the Ministry of Justice.

Appendix № 1

to the Order of the Government of the Republic of Moldova of September 1, 2016 No. 1015

The strategy of development for system of probation for 2016-2020

I. Description of situation

The parliament of the Republic of Moldova adopted on February 14, 2008 the Law on probation, and also, according to the Order of the Government No. 827 of September 10, 2010, the Central bureau of probation was created.

According to changes and additions made to the Order of the Government No. 827 of September 10, 2010 "About the organization and functioning of bodies of probation", performed till October 12, 2015 the organizational structure of the Central bureau of probation and procedure for functioning of bodies of probation was changed. So, the Central bureau of probation was renamed into the National inspectorate on probation which has in the subordination 3 regional inspectorates on probation in northern, central and southern areas of the country and 42 bureaus of probation. Regional inspectorates, in turn, will coordinate and control activities of the existing bureaus of probation, the centers of social resettlement of persons exempted from criminal liability, and the educational and methodical centers.

These processes showed that effective functioning of system of probation is integral part of process of creation of modern judicial system, having the potential promoting decrease in excessive overflow of prisons, and, respectively, growth of trust of the population to justice by provision of the public of possibility of participation in rehabilitation process.

Activities of system of probation are performed for the benefit of community, for the purpose of social reintegration of persons who broke the law, decrease in risk of making of new crimes and maintenance of safety of community in case of simultaneous decrease in social costs of execution of sanctions and penal measures due to decrease in number containing in prisons and reintegration into society through social and economic involvement of criminals.

Thus, according to the Law on probation, the following types of probation are allocated:

a) pre-judicial probation – psychosocial assessment of the identity of the suspect, person accused or defendant;

b) communitarian prigovorny probation – set of the actions directed to resocialization of persons exempted from criminal penalty in the form of imprisonment for control and observance of the obligations by them;

c) penitentiary probation – set of the social and educational events held in penal institutions and actions for preparation for release of persons from custody;

d) post-penitentiary probation – assistance to persons exempted from places of detention for their reintegration into society;

e) the juvenile probation – is performed taking into account obligation of respect for the highest interests of the child and aims at temporary protection of the child who is in difficult situation, its resocialization and reintegration into biological or foster home, orphanage of family type and also in society.

II. Determination of problems

As a result of changes of the executive penal legislation the number of judgments on application of punishments without imprisonment and release from criminal penalty in comparison with decisions on punishments by imprisonment increased. Thus, the number of the subjects of probation which are under control of system of probation constantly grows in comparison with 2010 when 13395 subjects stayed on the registry: in 2011 it constituted 14507 people, in 2012 – 15610 people, in 2013 - 17104 persons, in 2014 – 16609 people and in 2015 – 18008 people.

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