The idea of mutual recognition of probation decisions within the European Union from the perspective of the State and the convicted person

Abstract

In this paper the author addresses the issue of mutual recognition of probation decisions within the European Union from the perspective of the State and the convicted person. He characterizes the idea and general regulation of this aspect of cross-border cooperation in order to present the benefits and dangers of this institution for both entities. Through the analysis of legal acts, jurisprudence and reports on the practical application of these provisions, it points out the need for further development of international cooperation in criminal matters but also for changes in this area, putting forward the thesis that this institution is currently underestimated and underdeveloped in practical terms. The article contains a comprehensive characterization of both the formation of cooperation between European Union Member States in the area of mutual recognition of probation decisions and the principles on which it is based. It pays particular attention to the process of social resocialization and the influence of this institution on general and individual prevention. The analysis of the above issue will lead to postulates aimed at finding a remedy for at least some of the problems raised in the paper with the application of the institution in practice. The article is also a response to the accelerating process of globalization, the spreading of free movement of people within the European Union and the development trends of the Community, which implies a situation in which more and more crimes are committed by foreigners taking advantage of the openness of borders.