The Factors for reoffending and the process of desistance in the context of conditional release project, launched in 2020 in the Czech Republic by the Institute of Sociology and Institute of Psychology of the Czech Academy of Sciences and the Institute of Criminology and Social Prevention, is a unique enterprise in the field of criminological research.

The project aims to contribute to the increased effectiveness of the Probation and Mediation Service client´s treatments on parole, development of new intervention programs of the Prison Service of the Czech Republic for persons serving prison sentences and their reintegration into society.      

Drawing on the world-famous Dr. Farrall research (ʺTracking Progress on Probation“), the project is based on prospective approach, combination of qualitative and quantitative research methods and collection of longitudinal panel data of individuals on parole in order to better understand the process of desistance.

The project is co-financed with the state support of the Technology Agency of the Czech Republic. More information about the project and its realization can be found here: http://recidiva.soc.cas.cz/en.

The article is written by:
Dr. Eva Krulichová, researcher in the Institute of Sociology of the Czech Academy of Sciences
Dr. Jan Tomášek, researcher in the Institute of Criminology and Social Prevention

In the Czech Republic, before the onset of the Covid-19 pandemic, a public opinion survey was carried out on attitudes and opinions about probation and the possibilities of using it in working with offenders. It was carried out on a representative sample of the population over 15 years of age.

The results can be considered broadly favourable. Only 17% of the respondents considered probation to be a fundamentally inappropriate way of treating offenders, all others considered it to be an acceptable alternative to imprisonment. However, opinions on the suitability of probation vary according to the type of offender. While the majority of the public (80%) would find it suitable for juveniles, this is only 42% for offenders who avoid employment long‑term, 35% for alcohol or drug addicts, 15% for offenders who had failed probation in the past and just 11% for recidivists.

Moreover, it cannot be overlooked that the public would set strict rules for probationary period. In a situation where they had to decide, as judges, on the conversion of probation into a prison sentence, most respondents (64%) would only forgive the client one unexcused missed meeting at the PMS centre; in all other cases included on our questionnaire, they would end the probationary period. For example, only 13% would not send a client to prison if he/she did not repay the damage caused by his/her crime, and 15% if he/she used drugs or lied to a probation officer about important matters.

Some of the questions also focused on the potential contribution of probation to criminal policy. Optimism was most often directed at the chance this measure would bring economic benefits to the state (two‑thirds of respondents believed this). According to 56% of respondents, probation would increase the chances of victims getting compensation from the offender, 43% believed in the rehabilitation effect of probation on the offender and 33% believed in its effect on the overall reduction of crime.

It turned out that the awareness of citizens about the existence of the Probation and Mediation Service has improved compared to the earlier research. In 2008, only 8% of the public had a clear idea of its activities, while 73% did not know the organisation at all (the rest of the respondents only had a vague idea). At present, 22% of the public knows the Service, at least 35% have heard about it and 43% have no idea of its existence.

The research publication, which includes a summary in English, can be obtained here: http://www.ok.cz/iksp/docs/460.pdf

In addition, the research data was also used in an article recently published in the European Journal of Probation: https://journals.sagepub.com/doi/full/10.1177/20662203221088096

The article is published with the consent of the author, Dr. Jan Tomasek, Researcher.

Is there anyone around you who has become a victim of theft, robbery or any other unlawful actions? Have you become the victim of crime? Do you know your rights and do you want to know more about the process of criminal proceedings? Do you need to be accompanied to the Police of the Czech Repuvlic or to the court? We are here to provide you with support even in the situation described by our colleague, probation officer from the Jeseník Service Centre:

A 55 year old female client has been robbed. The cottage in the garden of her house was left almost empty. A lawn mower, tools and wood saw – everything was stolen. The door lock and doors were damaged. At first glance, you could think about the crime as about the property damage but in fact the client suffered a huge mental blow. Her sense of security was disturbed and she was afraid that next time thieves could break into her house. After reporting to the Police she needed to get oriented in what her next steps as the crime victim are, what she can expect from the criminal proceedings and what she needs to get ready for. The Police of the Czech Republic provided her with the first information, yet, the she did not know what to do next, which rights apply to her. She needed to be accompanied to the police interrogation, she was not well-oriented and was afraid to handle everything just on her own. The Police recommended to contact the Victim´s Counselling Office.

She therefore contacted the Victim´s Counselling Office. The Victim´s Counsellor helped her draft a report on compensation for damage which is used during the criminal proceedings. She provided all documents regarding the damage and repairs she had paid for. It is important to provide all these documents, otherwise she would have to enforce her claim in further court proceedings. She also needed to be accompanied to the police interrogation as there was no one who could do that in the position of confidant and in general, everything that happened put a lot of stress on her. The Victim´s Counsellor accompanied her, provided her with mental support, she could talk with the Counsellor about what had happened and share how she had felt and what the crime had caused to her life. She could not sleep, eat and she avoided people she did not know. With the help of the Victim´s Counsellor she was able to draft the Victim Impact Statement which is a part of the court file. In her statement she described not only the property damages but even the mental damages she had suffered from. She exercised her rights in practice – applied for compensation for damage, was accopanied by the confidant, drafted the Victim Impact Statement and used the professional help of the Victim´s Counsellor.  

Crime victims can contact the Probation and Mediation Service Centres operating in 74 towns across the Czech Republic on any working day. The aim of the European Day for Victims of Crime on 22 February is to raise awareness about the victim´s rights and needs.

Probation and Mediation Service traditionally commemorates this day as well. This year together with the Police of the Czech Republic we will honour the victims of crime with a minute of silence and lit beacons of police cars.

On 25th of May 2021, the Chamber of Deputies of Czech republic approved the Chamber Press 624, which contained a package of broader changes based on the Senate amendments. It concerned, among other things, Act No. 257/2000 Coll. on the Probation and Mediation Service. The amendment, which aims to bring positive changes to the practice of probation officers, came into force on January 1st 2022.

Based on the proposal initiated by the Probation and Mediation Service, the position of probation officers and their powers was adjusted. In practice, the changes will be reflected mainly in the exercise of supervision, but also in alternative punishments, such as community services or home detention. Other changes allow, for example, probation officers to enter criminal cases earlier, including cases of children under the age of 15.

As part of the approved proposal, the circle of victims of crime with the right to be a vulnerable victim will be expanded at the same time. Victims of the crimes of rape, abuse of the entrusted person and abuse of the person living in the same household will be included in the mentioned area. The status of vulnerable victim will ensure that the persons concerned are more sensitive to investigate the case and have the opportunity to have a trustee free of charge.

“Members of the Action Team for Judicial Cooperation, including experts in criminal law, experienced practitioners from the ranks of probation officers, judges and prosecutors, as well as researchers and other experts, worked on the preparation of the amendment under our leadership. Our previous practical experience, which I personally presented together with representatives of the Ministry of Justice at the meetings of the Constitutional and Legal Committee of the Chamber of Deputies, was important in enforcing the proposal. I consider the approval of the proposal to be a very good news, which confirms that our practical experience was taken into account in the preparation of the amendment and that our recommendations for changes in current practice received professional and political support, ” comments Andrea Matoušková, Director of the Probation and Mediation Service.