Chapter 2 Austria - CEP, the European Organisation for Probation

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efore the perpetrator had turned 21 is postponed until the perpetrator hascompleted vocational education (Section 50 Par. 1a CC);- when a diversion measure has been ordered on probation (Section 90f of theCode of Criminal Procedure (Strafprozessordnung/StPO), hereinafter referredto as CCP);- when preliminary probation services are provided during criminalproceedings (Section 197 CCP);- when a criminal report has been filed but further proceedings or charges aredropped or suspended temporary (Section 35 Suchtmittelgesetz/Act onAddictive Substances).Voluntary probation service is possible after an unconditional release fromprison or after the end of a probation period in which probation services wereprovided (Section 27a PSA). Diversion measures, i.e. ATA (mediation in penalmatters), community service and education or training courses are primarilyproposed by the public prosecution or the court, if- the facts of the case are sufficiently clear;- the punishable offence is dealt by a single judge and not a panel ofprofessional and lay judges, or a jury (usually when the maximum penaltydoes not exceed 5 years of imprisonment);- no serious fault is assumed;- the act did not result in loss of life;- a penalty instead of a diversion measure does not seem indicated with a viewto special or general prevention.Diversion measures require the consent of the suspect. Charges are dropped withfinal effect if the diversion measure was successful. Pursuant to Section 49a CCPvictims who could have been exposed to violence, a dangerous threat or animpairment of their sexual integrity are entitled to psychosocial and legal trialsupport (Prozessbegleitung). Also entitled are relatives of a person who waskilled. NEUSTART is one of the organizations in charge of trial support. In someprovinces NEUSTART also offers victim support that goes beyond trial support.2.2 Mission and mission statementNEUSTART is an association, which has been creating benefit to society in andfor Austria with its services for 50 years. In Baden-Württemberg, NEUSTARTgemeinnützige GmbH, a non-profit limited-liability company and 100%subsidiary of the Austrian parent, has a staff of 350 and works for more than22,000 clients. “Our assistance creates safety and security“is the positionreflected in the work of 598 professional and 780 volunteer workers in 14agencies and the association headquarters. In 2006 roughly 39,400 persons weresupported by NEUSTART. The costs of services and programmes amounted toabout 35.7 million euro.In its mission statement NEUSTART advocates a way of dealing with crimethat does not rely on deterrence but work on the underlying causes. In terms ofspecific services, this means de-escalation and constructive resolution of conflictsinstead of conviction and punishment, preventive work with juveniles andchildren, instantly available victim support and (re-) integration of perpetratorsinto society. Our mission, our services to people concerned by crime, in a nutshell
is work through the past, cope with the present and safeguard the future. Theprevention of crime and its consequences is the supreme principle underlyingour work, which is reflected in the three fields of activity:- in victim support, to overcome victim status and regain self-determination;- in perpetrator support, to avoid recidivism by assisting in re-integration;- in prevention, to avoid potential conflict and give guidance for theconstructive resolution of problems;In the context of these measures, it should be remembered that social work ismuch more cost-effective than expensive detention measures. Victims of crimeneed special commitment from government, business and society as a whole. Forthis reason NEUSTART offers mediation in penal matters (AußergerichtlicherTatausgleich) and thus supports the victims’ efforts that their needs andemotions are taken seriously and that they receive restitution, both emotionaland material.2.3 Crime preventionCrime prevention and help in crisis situations are provided by means ofinformation via institutions, social work at schools, assistance to juveniles, drugcounselling and online counselling via Internet (help within 24 hours).Furthermore the goal of probation work or aftercare is to prevent offenderscommitting new crimes and creating new victims with the means of support forre-integration.2.4 Victim protectionUnder Austrian law there is no obligation for probation officers to see victimsand offer them help. However, in probation services it is important to confrontperpetrators with the acts they have committed and to make the impact on andconsequences for the victims clear. Stalking offences are special cases. There isan internal guideline for probation officers to get in touch with the victims.Victims are offered support against the stalker who is seeking contact with thevictim with all means. If the stalker tries to make contact, the victim can turn tothe probation officer immediately. The stalker has to sign a written note ofcaution according to which he/she has to expect to be reported to police andcharged if he/she tries to make contact with the victim. The goal is to enable thevictim to be undisturbed and live free from anxiety, and to make the perpetratorstop.In 1999 NEUSTART launched its crime victim support programme. Thereason for this was that Austria had no qualified services for social work offeredto victims with the exception of women and children suffering from domesticviolence. NEUSTART crime victim support offers assistance in the form of visitsfrom social workers to victims of mainly serious violent crimes. Women andchildren who had been victims of domestic violence were referred to thespecialized institutions. 2005 psychosocial and legal trial support became anadditional service offered to the victims of violent crimes. Social workers andlawyers accompany victims to court so that the victim feels stronger and safer inthe proceedings and asserts his/her rights. This support programme is highly
Page 1: Chapter 2AustriaChristoph Koss
Page 4 and 5: impact for many years, not only on
Page 6 and 7: - 2001: a major reform of the organ
Page 8 and 9: 1.2.4 One national organization - a
Page 12 and 13: successful; it is funded under a co
Page 14 and 15: Figure 1: organisational structure
Page 16 and 17: include a detailed description of s
Page 18 and 19: ATA started in Austria in the year
Page 20 and 21: feedback report to the public prose
Page 22 and 23: 4.2.3.2 Temporary suspension of pro
Page 24: out of 14 agencies of NEUSTART from
Page 27 and 28: funds. The budget of NEUSTART consi
Page 29 and 30: - client statistics including numbe
Page 31 and 32: 7.3 Electronic monitoringJust like
Page 33 and 34: At present NEUSTART gGmbH Baden-Wü
Page 35 and 36: D-70193 StuttgartTel: +49/(0)711/62
Page 38 and 39: Table 2: Diversion (offers by prose

Chapter 2 Austria - CEP, the European Organisation for Probation

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