Supervised Probation
Supervised Probation
Olga Oleksandrivna,
Ukraine has recently issued a law on supervised probation. In some senses, it is a novelty for Ukrainians. In your opinion, what reasons did they have to adopt this act? And what is it about in general?
Hello. Yes, on 23.08.2023, the Parliament adopted a new Law of Ukraine No.3342-IX [1] (hereinafter – the Law), implementing a new type of criminal punishment – supervised probation. This document comes into force on 28.03.2024. So, in half a year, Ukraine will launch a full-range alternative to imprisonment.
Supervised probation as a punishment means restricting the condemned person’s rights and freedoms, determined legislatively and established by a court verdict, applying supervisory and social educative measures without isolation from society.
To simplify, instead of being thrown into jail, a person appears under the supervision of a probation body. The court may impose this new type of punishment as a basic one, lasting from one to five years. And if applied to an underage person – for the period from one to two years.
The probation itself means a system of supervisory and social-educative measures applied to the condemned according to a court verdict and by the power of law; execution of specific types of criminal punishment not related to the deprivation of freedom; providing the court with the information, characterizing the condemned [2].
In fact, this year is not the first one in Ukraine for specialized Centers working with such accused. In these institutions, the convicted communicates with social workers and can get psychological and legal support and education.
Supervised probation is our state’s next step towards the EU and its values. Thus, the European Court on Human Rights has many times insisted on the necessity to optimize the Ukrainian penitentiary system and reduce the number of imprisoned.
What offences does this new law cover? (any exceptions)
Law No. 3342-IX contains an exhaustive list of crimes punishable with supervised probation. Among them, for instance, avoiding alimony payment for children (article 164 of the Criminal Code of Ukraine); hidden abduction of other people’s property (theft) (part 1, 2 of article 185 of the CCU); burglary (part 1 article 186 of the CCU); intentional minor injuries (part 2 article 125 CCU); intentional severe injuring during excessive self-defense (article 124 of the CCU).
The abovementioned articles of the CCU stipulate arrest as a criminal punishment. The legislator also proposes to extend the respective articles with supervised probation as an option for arrest.
Please tell us about the Law’s direct mechanism and practice. How is it embodied? Have you already encountered such verdicts?
Since the Law is not in force yet, today can describe only its application mechanism. After the sentencing, the accused must register at a Probation Center and regularly attend it to update the information on any changes in the address of residence or place of work. Moreover, such a person must adjust any trip abroad with the Center.
Every accused will have an individual schedule, including visits to a psychologist. The number of time-to-time visits to the Center depends on the accused person’s behavior and cooperation with the Centre’s experts. Fewer conflicts and more benefits to society will mean the minimum number of visits to the Center.
Cooperation from the accused side means getting a job or passing specific treatment, for instance, against alcoholic addiction.
Negligence with the rules of the Center and responsibility established by Article 76 of the CCU [3] could lead to the person’s case returning to the court for reconsideration of the punishment in favor of imprisonment.
If the bar of advocates has already encountered such verdicts, please tell me if the accused under such articles can submit a claim of appeal and have it considered.
We had such cases when the court of the first instance punished an accused with imprisonment on actual terms, and the convicted did not agree. Then advocates of the “Incolanse” filed a claim of appeal, being governed by article 75 of the CCU and got positive results for a customer: the court resolution on releasing from the punishment with probation. The person got registered by a Center and could remain in the society.
Please pay attention that the supervised probation releases the responsibility. It empowers those condemned under the CCU articles listed in the Law of Ukraine No. 3342-IX to have their verdict reconsidered on the grounds of a condemned person’s respective application to the court.
What is your expert opinion about such a novelty?
I think that everybody has the right to a chance to get better. While it goes about minor crimes, why shouldn’t the accused have an opportunity to pass this way “softer”? The isolation and jail, unfortunately, frequently do not improve the situation and sometimes even make it worse. Relying on my practical experience, I can tell that the accused treated the supervised probation positively, seeing it as a chance to change their lives and reunite themselves to the correct path. The share of those who did was many times higher.
Finally, tell us about your own professional practices, opportunities, achievements, motivation, and today’s advocates during the war.
I always support the idea that if you want – you look for opportunities, but if you don’t, you look for reasons! Since 24.02.2022 and up to now, the “Incolanse” Law Firm remains 24/7 in touch with its customers and provides them with the required legal support. We adapt quickly to new requirements of our customers, relocations, and running the business in war conditions, migration matters, etc.
Despite air alerts, missiles, and danger, Ukrainian lawyers proceed to protect rights and freedoms in courts, and some of them – with weapons in their arms at the frontline. Today, advocates frequently have to support their customers psychologically and help them legally recover the lost hope.
During this year and a half, we have demonstrated to the whole civilized world that Ukrainians are united, Ukraine is indivisible, and we are ready to protect our state borders against any enemy!
And we will continue protecting the rights and dignity of our clients, ensuring their access to justice even during these dark times!
We are strong. We combat and live with the hope for victory and a bright and happy future for Ukraine.
- The Law of Ukraine No. 3342-IX “On Alterations to the Criminal Code, Criminal Proceeding Code, and other laws and regulations of Ukraine to improve criminal punishment types” (Digital resource // web-page of the Verkhovna Rada of Ukraine. – Access: https://zakon.rada.gov.ua/laws/show/3342-IX#Text
- The Law of Ukraine “On Probation” (Digital resource) // web-page of the Verkhovna Rada of Ukraine – Access: https://zakon.rada.gov.ua/laws/show/160-19#Text
- Article 76 of the CCU “Obligations the court imposes on a person released from the punishment with the probation” https://zakon.rada.gov.ua/laws/show/2341-14#n406
- Article 75 of the CCU “Releasing from the punishment with the probation” https://zakon.rada.gov.ua/laws/show/2341-14#n400