PDF

Yevgen BARASH,

Head of the Institute of Criminal Enforcement Service, Major-General of Internal Service, Doctor of Law Sciences, Professor, Honored Worker of Science and Technology of Ukraine

PRETRIAL REPORT AS ONE OF THE TOOLS FOR THE OBJECTIVE ASSESSMENT OF THE OFFENDER’S PERSONALITY

In the framework of the European integration plan implementation and the development of the legal system and civil society in Ukraine there is a need for the introduction of the effective mechanism for the correction of the convicted persons and the state supervision over their behaviour. Thus, on February 5, 2015 the Law of Ukraine “On Probation” was adopted; on October 8, 2016 the amendments to the Criminal-Procedural Code of Ukraine, envisaged by the Law of Ukraine “On Amendments to certain legislative acts of Ukraine on enforcement of sentences”, came into force. In addition to the main forms of interaction, which consists in the sentence enforcement, the new forms of cooperation were added, in a particular, the probation officials are the participants of all the proceedings and make the pre-trial reports, which consist in preparing forthe courts the information about the accused persons, describing the laater in order the courts are able to make the objective and responsible sentences and decisions. The pre-trial report should contain the socio-psychological characteristics of an accused person, an assessment of the risk of committing the repeated crime, as well as the conclusion on the possibility of correcting the offender without restriction of his/her liberty or imprisonment. The pre-trial report is required in order the judge makes the fair sentence. It contains not only the information about the unlawful deed, but also the additional information about the person, who is suspected in committing it. It contributes to reveal the circumstances of the suspect’s life, which could be the cause of committing the crime. The probation body should also propose concretes steps and measures for the eliminatation of such circumstances. It is important to note that the pre-trial report is taken into consideration by the court, but can not be used as an evidence of the guilt or innocence of the accused person in the criminal proceedings. In last years the court officials and the probation officers have been actively implementing the practice of the pre-trial reports in their work. However, many topical issues remain unresolved. So, the legislators and scientists should undertake the detailed study and further improvement of the situation in that sphere.

Key words: pre-trial report, probation, evaluation tool of a personality, punishment, which is not related to imprisonment.

References

CM / Rec Recommendation (2010) 1 of the Committee of Ministers to the Member States on Council of Europe Rules on Probation: adopted by the Committee of Ministers on 20.01.2010 at the 105th meeting of the Ministers' Deputies. Council of Europe: jaiw / cfqn /. URL: http://www.coe.int/t/dghl/standardsetting/prisons/Rec(2010)1%20Ukrainian.pdf (lfnf pdthytyyz 10/25/2018). [engl.]

On Probation: Law of Ukraine dated 05.02.2015 No160-VIII / The Verkhovna Rada of Ukraine. URL: http://w1.cl.rada.gov.ua/pls/zweb2/webproc4_1?pf3511=45301 (accessed 10/25/2018).[ukr.]

On Amendments to Some Legislative Acts of Ukraine on Ensuring the Execution of Criminal Punishments and Exercising the Rights of Convicts: Law of Ukraine of 07.09.2016 No1492-VIII / Verkhovna Rada of Ukraine. URL: http://zakon.rada.gov.ua/laws/show/1492-19 (accessed 10/25/2018). [ukr.]

Strategy for Reform of Judiciary, Judiciary and Related Legal Institutions for 2015-2020: Approved by the Decree of the President of Ukraine of May 20, 2015 No 276. URL: http://zakon.rada.gov.ua/laws/show/276/2015 (date of appeal) 10/25/2018). [ukr.]

National Human Rights Strategy: Approved by Presidential Decree No 276. of 20.05.2015 URL: http://zakon.rada.gov.ua/laws/show/501/2015 (accessed 25.10.2018). [ukr.]

On Approval of the Procedure for Preparation of the Pre-trial Report: Order of the Ministry of Justice of Ukraine dated 27.01.2017 No. 200/5. URL: http://zakon.rada.gov.ua/laws/show/z0121-17 (accessed 10/25/2018). [ukr.]

Witfield D. Introduction to probation: a monograph. K .: Attica, 2004. 236 p. [engl.]

Celms G. English Lessons: Probation. New news. 2005. No. 195. P. 5–19.[engl.]

Law on the State Probation Service of Latvia. Questions of juvenile justice. 2009. No 1 (21).[engl.]

Review of legislation of the Scandinavian and Baltic countries on probation (criminal supervision). Human Rights Series. St. Petersburg: Civilian Control, 2005. 220 p.[russ.]

On Probation: Law of the Republic of Moldova of February 14, 2008. Monitor Oficial. 2008. No 103–105. Art. 389.[russ.]

Criminal Procedure Code of Ukraine dated 05.08.2018 No 2509-VIII / The Verkhovna Rada of Ukraine. URL: http://zakon.rada.gov.ua/laws/show/4651-17 (accessed 10/25/2018). [ukr.]