Penitentiary probation as a mechanism to prevent the commission of repeated criminal offenses

Abstract

The article examines penitentiary probation as a mechanism to prevent the commission of repeated criminal offenses. The author paid attention to the analysis of international and national legislation, which enshrines the concept of penitentiary probation and the procedure for its implementation in relation to persons sentenced to restriction of liberty and imprisonment. The adoption of the Law of Ukraine “On Probation” and the establishment of a probation service in Ukraine served to introduce one of the types of probation - penitentiary, as one of the requirements of international organizations. In particular, the implementation of Recommendations CM \ Rec (2010) of the Committee of Ministers to member states on the Council of Europe Rules on Probation concerned the purpose of probation by preventing and reducing crime. To achieve this goal, namely to reduce the commission of repeated criminal offenses, it is necessary to establish a positive relationship with the offender and provide social assistance by returning him to public life. 
 According to the Law of Ukraine “Of Probation”, the main purpose of probation is to prepare persons serving a sentence of restriction of liberty or imprisonment for a certain period of time for release for the purpose of employment of such persons after release at their chosen place of residence. Penitentiary probation should ensure that the convict is provided with a range of social services that will prepare him for release from prison with further adaptation and return to society as a full member. Restoration of the social status of the released person and provision of psychological assistance will help prevent the commission of new criminal offenses. To ensure the restoration of this status, the relevant authorities must clarify the need of the convict after his release from prison. In particular, if necessary, provide social assistance, which may be manifested in the provision of housing, employment, assistance in obtaining a profession, recovery of documents, as well as the provision of psychological assistance. The above factors will serve to assist the released person in social and material adaptation in society, which in turn will help prevent the commission of new criminal offenses.