Chapter 2 Austria - CEP, the European Organisation for Probation

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include a detailed description of services and processes. The Heads of centralservices (social work, personnel etc.) are in charge of updating and describingservices. Quality workshops, which employees of all hierarchical levelsparticipate in, serve the purpose of regular evaluation of processes and work aidsso as to determine potential needs for change and development. Newly hiredemployees are carefully introduced to their jobs. mentor working in the samelocation gives practical guidance for one to two years, and reflection is done withan external expert in three to five weeks of seminars. The central service“Personnel and Personnel Development” prepares the introductory seminars anddraws up an extensive annual continuing-education programme. The averagenumber of days social workers spend at continuing-education events is fiveworking days per year. Development needs of employees are agreed upon in theannual appraisal interviews seniors have with their staff.3.2.3 Other organizations involved in probation workProbation work is only provided by NEUSTART in Austria. Our Agencies cooperateclosely with other social/welfare institutions in the regions and haveentered into co-operation agreements with the Public Employment Service(Arbeitsmarktservice or AMS), the social welfare offices, agencies for thehomeless, work projects, therapy institution etc.4 PROBATION IN DIFFERENT PHASES OF THE CRIMINALPROCESS4.1 GeneralThis chapter describes the legislative basis of probation activities, mediation inpenal matters and intermediary activities for community service. These aresocial-work interventions that make it possible to waive criminal proceedings orthe enforcement of a penalty. Public prosecutors or judges order themexclusively. In the other fields of activity of NEUSTART, i.e. post-releaseaftercare, probation and assisted housing, victim support and prevention, workwith the clients is performed on a voluntary basis without court orders. For mostof these voluntary services, the Probation Services Act contains provisions onlyon organization and financing. All social work services are subject to job profilesand relevant minimum and maximum standards defined for social work in therespective fields.4.1.1 ProbationProbation has the legislative mandate to actively “strive to help the offendertowards a way of life and attitude which will prevent him/her in the future fromcommitting deeds which are subject to sanctions” (Section 52 Par. 1 CC). For thispurpose a court may order probation if it deems it necessary in order to suspendan imposed sanction either completely or in part for the duration of a supervised
period. Section 50 of the Criminal Code provides for probation orders in thefollowing cases:- if a sentence is suspended conditionally in full (zur Gänze bedingtnachgesehen), which is possible in case of fines (Geldstrafe) or custodialsentences (Freiheitsstrafe) not exceeding two years (Section 43 CriminalCode);- if part of a sentence is suspended conditionally; which is possible in case offines or custodial sentences not exceeding three years (Section 43a CriminalCode);- if a convicted person is conditionally released (bedingt entlassen) from acustodial sentence; which under various conditions is possible after servinghalf or two thirds of the sentence (Section 46 Criminal Code);- if a detainee (Angehaltener) is conditionally released from a preventivemeasure accompanied by detention that is possible in cases of cessation of theassumed danger that was the basis for the detention (Section 47 CriminalCode).The basis for a probation order is usually the fact that the court does not deemthe implementation of a sentence (or at least not of the whole sentence)necessary, but deems supervision by a probation worker necessary, in order toprevent the convicted offender from committing further offences. A preconditionfor each type of conditional suspension or release from a custodial sentence isfurthermore that the (continued) execution of the sentence is not required inorder to prevent others from committing offences. In cases of juvenile offences(offences committed by persons between 14 and 18 years of age), Section 22 ofthe Juvenile Court Act also provides for the possibility of probation orders for thefollowing cases:- temporary suspension of proceedings (vorläufige Einstellung einesStrafverfahrens auf Probe);- provisional suspension of penalty (Vorbehalt des Ausspruches der Strafe), and- deferral of the execution of a custodial sentence (Aufschub des Vollzugs einerFreiheitsstrafe).In accordance with §35 of the Act on Addictive Substances, the public prosecutorcan temporarily suspend criminal proceedings related to an offence involvingaddictive substances or accessory crimes, if the suspect (among other measures)agrees to supervision by a probation worker. The same conditions apply to thetemporary suspension of criminal proceedings by a court. With the consent of thesuspect, provisional probation (vorläufige Bewährungshilfe) can be orderedbefore sentencing according to § 197 of the Code of Criminal Procedure. Thisorder may serve as a more lenient measure for avoiding pre-trial detention(Untersuchungshaft). Voluntary probation (freiwillige Bewährungshilfe) inaccordance with §27a of the Probation Service Act is possible after anunconditional release (unbedingte Entlassung) from custody or a preventivemeasure involving detention (Freiheitsentziehung).4.1.1.1 Mediation in penal matters (Außergerichtlicher Tatausgleich,ATA)
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 10 and 11: efore the perpetrator had turned 21
Page 12 and 13: successful; it is funded under a co
Page 14 and 15: Figure 1: organisational structure
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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