PROBATION ADVICE IN SERBIA AND THE NETHERLANDS

  • Dijana Jankovic Judge of the Appellate Court in Nis
  • Marina Beun
Keywords: Key words: alternative sanctions, probation advice, Probation Service, personal circumstances of the defendant, sentence.

Abstract

Abstract: This paper illuminates the main characteristics and results on implementation of probation advice in the Netherlands, in the Serbian legal system and in the key international documents. The Dutch probation service is an independent service, and in cooperation with the prosecution has permanent place in the judiciary system. The probation service in the Netherlands acts and cooperates with the Court and Prosecution in all phases of criminal procedure. In the Netherlands, the reports on the personal circumstances of the defendant are received from the Prosecution Service and the law allows the prosecutor or judge to use this information before deciding on the type and lengthof the criminal sanction. The Probation Service provides data in a specific format, which allows the stakeholders in the process to easily review the advisoryreport and notice the most important information.

The aim of this paper is an exchange of practical knowledge and experience between a judge from Serbian and public prosecutors from the Netherlands. The following questions will be addressed: In which cases in the Netherlands is a probation advicerequested and in which cases not? What are the indications or guidelines? For what offences and for what offenders might probation advice be used? What alternative sanctions and measures can be proposed? Who can request for an advice of the Probation Service and what is the procedure? Content and form of the report, what subjects are described? The function of the probation advice: in which way is it used and what are the advantages?  The paper contains an analysis of certain cases in the Netherlands and Serbia and describes how the parties involved would deal with these cases in either Serbia and in the Netherlands. Finally, the paper contains an analysis of the possibilities and modalities of the application of the probation advice and alternative sanctions in the criminal procedure and the procedure for execution of criminal sanctions in the Republic of Serbia.

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Published
2021-11-26
Section
Criminalistic and Criminal Justice Aspects in Solving and Proving of Criminal Of