Chapter 2 Austria - CEP, the European Organisation for Probation

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feedback report to the public prosecutor or to the judge, 2whether mediation has been successful or notdismissal of proceedings in case continuation of proceedings in caseof a positive reportof a negative report4.2.1.1 Objectives of ATA- the victim has the possibility to receive restitution, both emotional andmaterial;- needs and emotions of the victim are taken seriously;- the suspect is given an opportunity to consider how to make good the offence.The suspect is not in a defensive position as during a trial but can take anactive role to repair the harm caused;- the dismissal of proceedings after a positive report avoids a criminal recordwith its possible negative consequences (job-seeking in a crowded labourmarket);- a viable agreement negotiated by the suspect and the victim offers the chancefor durable social peace (55% of allocated cases originate in the immediatesocial environment).4.2.1.2 Types of offences and conflicts84% of all referred cases are offences related to aggression (Aggressionsdelikte),in particular assault and battery (Körperverletzungen), others include seriousthreats (gefährliche Drohungen), coercion, harassment (Nötigungen) and insome cases robbery (Raub). The remaining 16% comprise mainly propertyoffences (Vermögensdelikte), i.e. theft, burglary, vandalism. With regard toconflict types and environments particularly important for mediators handlingcases, 55% concern the immediate social environment, i.e. partnerships (mainlyviolent offences), family and friends, work place, school, as well as the mostdifficult type of conflict to mediate, conflicts among neighbours. As the clientshave known each other before the offence was committed and will in most casesremain in contact in the future it is of particular importance to work out aperspective of what future contacts could be like.4.2.1.3 Organization and methodsMediation is organised as a specially defined field of practice. This means thatwithout exception only specialised and trained mediators carry out mediation inpenal cases. There are no social workers in Austria who work concurrently asprobation workers and as mediators. Depending on the type of conflict differentmethods may be employed. One or two mediators may work on individual cases.A female and a male mediator, for instance, will handle cases of domestic2In 90% of the cases, referral is done by the public prosecutor. In 10% of the cases the ordercomes from a judge.
violence. Special methods are applied in stalking offences to prevent perpetratorand victim from meeting.4.2.1.4 Acceptance and success81% of the cases involving juveniles and 68% of the cases involving adults areconcluded by the mediator(s) submitting a positive report to the publicprosecutor.4.2.1.5 Co-operation between other institutions and the probationserviceThere is intensive co-operation particularly with referring institutions such as thepublic prosecutors and, to a lesser extent, with the judges. These contacts involvequestions relating to individual cases as well as to the development of jointconcepts as to which cases are suitable for ATA and which are not (indicators).Depending on the problems additional co-operation is undertaken with othersocial organisations, lawyers, therapists, for example for referral for legal advice,debtors‘ advice service, referring a couple for partnership therapy. If themediation process shows that a suspect needs supervision by a probation worker,the mediator(s) will try to obtain a probation order from the court. There are alsoa few model projects involving co-operation with the police. In these cases thepolice submit its report to the public prosecutor together with a proposal for anATA.4.2.2 Community serviceSince January 2000 community service can be ordered throughout Austria forjuveniles and adults. In 2006 the public prosecutors or courts referred a total of2464 persons to NEUSTART for community service. They are required to workfor a maximum time of 240 hours (120 hours for juveniles). In 77% of the casescommunity service was successful.4.2.3 Probation workThe objectives and tasks of probation work are described in section 4.3.34.2.3.1 Diversion of the case on the part of the prosecutor or the judgefor aprobation period if the suspect consents to supervision by aprobation worker and/or to fulfilling specific ordersThis provision, which entered into force as of the year 2000, enables the publicprosecutor to order probation and at the same time divert criminal proceedingsfor a probation period. In addition to it or as a separate measure, suspects can beordered to fulfil certain obligations, such as, for instance, taking driving lessons.
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 16 and 17: include a detailed description of s
Page 18 and 19: ATA started in Austria in the year
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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