Symbolic restitution – community sanctions in the practice of the Hungarian

Probation Service

Dr. Erzsébet Hatvani – Director General of the Hungarian Office of Justice

““European Best Practices of Restorative Justices in the European Best Practices of Restorative Justices in the Criminal Procedure”Criminal Procedure” conferenceconferenceBudapest, Budapest, 27-29. April 27-29. April 2009. 2009.

Reasons of the complex penal Reasons of the complex penal reformreform

After change of regime:After change of regime:

Changing life conditions Changing life conditions

Crime growthCrime growth

Decrease in the sense of security, increasing Decrease in the sense of security, increasing fear of crimefear of crime

Penal responses arePenal responses are not efficient enough not efficient enough

Aims of the complex penal reform Aims of the complex penal reform

● ● follow the ideas of the double track criminal follow the ideas of the double track criminal policypolicy ● ● promotepromote applicatonapplicaton of diversionary measures/ of diversionary measures/

community sanctions community sanctions ● ● restoring the harm caused to the community restoring the harm caused to the community and and to the victimsto the victims ● ● decrease the fear of crimedecrease the fear of crime ● ● cost-effectiveness cost-effectiveness

Concept of community sanctionConcept of community sanctionRecommendation of the Council of Europe /Recommendation No. R(92)16/ /Recommendation No. R(92)16/

● ● Implemented within the communityImplemented within the community● ● Prescribes conditions and obligations Prescribes conditions and obligations for the for the offender (controll element)offender (controll element) ● ● Supports re-integration of the offender Supports re-integration of the offender

(support element)(support element) ● ● Implemented by an organisation set up Implemented by an organisation set up by by law (Probation Service)law (Probation Service)

Community sanctionsCommunity sanctions● ● Main aim is not the deprivation of liberty Main aim is not the deprivation of liberty ● ● It does not isolate the offender from the community, It does not isolate the offender from the community, he/she he/she remains a responsible member of the societyremains a responsible member of the society ● ● Instead of passive, negative attitude: suffering a Instead of passive, negative attitude: suffering a controll controll technique, it requires positive, active attitude technique, it requires positive, active attitude from the from the offender: carrying out obligations, tasks, offender: carrying out obligations, tasks, behavioural rules, behavioural rules, mediation, restituiton)mediation, restituiton)● ● it builds on the integrative resources of the it builds on the integrative resources of the communitycommunity ● ● constant, personal contact with the implementing constant, personal contact with the implementing authority authority (Probation Service, mediators)- use all (Probation Service, mediators)- use all appropriate appropriate resources existing in the communityresources existing in the community ● ● non-compliance with the conditions and obligations non-compliance with the conditions and obligations has has legal consequenceslegal consequences

Link between community sanction and rehabilitation

Recommendation of the Council of EuropeRecommendation of the Council of Europe/Recommendation No. R(2000)22.//Recommendation No. R(2000)22./One direction of the penal policy in future is One direction of the penal policy in future is

to bring reparative elements to community to bring reparative elements to community sanctionssanctions

Victim-offender mediation could be seen as a Victim-offender mediation could be seen as a type of community sanctions and measurestype of community sanctions and measures

Obligation within the community

- - Community Community service service (free work for the (free work for the community)community)

- - Special activities (the goal could be Special activities (the goal could be reparation)reparation)

- - Different (group learning) programmesDifferent (group learning) programmes- - Alcohol and drug related rehabilitationAlcohol and drug related rehabilitation- - Sanction to visit attendance centre, certain Sanction to visit attendance centre, certain

social care servicesocial care service- - Complete action planComplete action plan- - Banishment: certain places, professionsBanishment: certain places, professions

Restorative justice –horizontal principle

Mission of the Hungarian Probation ServiceThe objective of the Probation Service is the reduction of

the risk of re-offending.The probation officer is charged with the application of

community based criminal sanctions.The work of the probation officer is to protect the public

through the implementation of community supervision and the oversight of the offender.

Through supervision and support, the probation officer re-inforces the potential for the re-integration of the

offender into society.The work of the probation service is built on the principles

of restorative justice. It aims to ensure that the perpetrator faces up to the consequences of their crimes by making good the damage caused through mediation between the offender, the victim and the community.

Direct practiceVictim-Offender mediation

Symbolic restitution

Restorative approachRestorative approach

The direct form of restorative approach - Mediation

- Since 2007 in Hungary- Both in cases of adults and juveniles

- Applicable both in pre-trial (prosecution) and trial phase of criminal procedure

- If restitution is fulfilled the criminal procedure will be terminated (or the punishment will be mitigated)

Case numbers:Case numbers:2007 – 2.451 cases2007 – 2.451 cases2008 – 2.976 cases2008 – 2.976 cases

Symbolic restitution• Punishment has a symbolic restitution element• Symbolic restitution is not necessarily the result of

appliaction of a restorative practice• Restitution is fulfilled not directly to the victim (there’s

no particular victim, there was no mediation in the procedure)

• Those affected by the crime are not necessarily involved in the decision, but the victim can choose this way of restitution e.g. in the mediation

• Offender ‘s consent is required• The way of restitution is not in direct connection with the

crime • It is an activity carried out for the benefit of the

community fulfilled primarily at civil organisations

Conditions of symbolic restitution

• Offender takes responsibility for the crime, active attitude

• Social inclusion, positive attitude of the community

• Possibilities for symbolic restitution

Offence = fear in the community, decreasing quality of life

Symbolic reparation = reintegration/success of reparation

Possibilities for symbolic restitution during implementation of community

sanctions I.Community service

• One of the main punishment One of the main punishment • Imposed by the Court Imposed by the Court • Probation Service is responsible for the Probation Service is responsible for the

implementation implementation • Free work for the benefit of the communityFree work for the benefit of the community• E.g. Activities to preserve and improve E.g. Activities to preserve and improve

environment of settlementsenvironment of settlements• Work for the community = restorationWork for the community = restoration• Placation and the process of placationPlacation and the process of placation

Possibilities for symbolic restitution during implementation of community

sanctions II.Social inquiry report, Pre-sentence report

Possibility for proposal of behavioural rules that require restitutionPossibility for proposal of behavioural rules that require restitutionE.g.E.g.Establishing behaviour rules when accusation is postponedEstablishing behaviour rules when accusation is postponed::Criminal Procedure Act. 225. §Criminal Procedure Act. 225. §(2) The public prosecutor may require the suspect to fulfill the following (2) The public prosecutor may require the suspect to fulfill the following obligations:obligations:a) a) partially or wholly compensate the aggrieved party for the damages partially or wholly compensate the aggrieved party for the damages caused by the crime,caused by the crime,b) b) arrange in some other manner for restitution to be given to the arrange in some other manner for restitution to be given to the aggrieved party,aggrieved party,c) c) pay a financial allowance for a specified purpose or perform work in pay a financial allowance for a specified purpose or perform work in the interest of the community (restitution for the public),the interest of the community (restitution for the public),Criminal Code. Criminal Code. 82.§(6) 82.§(6) ((6) Apart from the behaviour rules contained in Subsection (5), the 6) Apart from the behaviour rules contained in Subsection (5), the court or the prosecutor may prescribe additional ones, with particular court or the prosecutor may prescribe additional ones, with particular regard to the nature of the crime, the extent of damage and the social regard to the nature of the crime, the extent of damage and the social integration of the perpetrator.integration of the perpetrator.

Possibilities for symbolic restitution during implementation of community

sanctions III.Behavioural rules that require restitution

Pilot project: Restitution programme in the capital city-

Capital Office of Justice

(September 2007 - April 2008)Project supported by the National Crime

Prevention Committee

Restitution programme

Capital Office of Justice Probation Service – Jóvá Tett Hely Probation Day Centre

ELTE ÁJK Kriminológiai Tanszék Rügyecskék Foundation

Gyermekvilág Ágyszínház FoundationFerencváros Family Support Service (FECSKE)

Csillebérci Szabadidő Kft.

Restitution programme

During the project 20 juvenile and adult offenders fulfilled restitution as behavioural rule of probation supervision 16 boys, 4 girls (between 16-24 ages)

Gyermekvilág Ágyszínház Foundation

Visiting children in hospitals in BudapestProviding programmes for the children

(playing, storytelling) Training: How to play together Improving communication skills

Rügyecskék Foundation

Cleaning forests, collecting garbage

Mapping roads and pathes in the forests

Repairing damages

Ferencváros Family Support Service (FECSKE)

Helping children with learning problems

Different activities in a youth club

Free time activities with children in elementary schools

Csillebérc Szabadidő Kft.

Different activities around a youth camp:

Cleaning parks Repairing furniture

ELTE Faculty of Law – Department of Criminology

Acting as peer mentors

13 mentors in this project

Aims

Aims of the project:• Strengthen participation of community in the

implementation of community sanctions• Promote social inclusion• Motivations of organisations involved in the project:• Getting help for their work • They find important to deal with young people• They can as act role models for the juvenile offenders

(especially those people who work voluntarily in the organisations)

Continuation

Development of the programme :New places: Zöld Ház Probation Day Center in

MiskolcInvolving new organisations