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The Pre-Sentence Reports model

Admin 19/11/2013 2 041 Articles

The model provides court with objective information about young people accused of a crime to help support judge’s decision on the best sentencing option which would help rehabilitate the young offender.

In accordance with the rule 16.1 of the ‘Beijing Rules’, in all cases except those involving minor offences, before the competent authority renders a final disposition prior to sentencing, the background and circumstances in which the juvenile is living or the conditions under which the offence has been committed shall be properly investigated so as to facilitate judicious adjudication of the case by the competent authority.

Ukraine’s Criminal Procedure Code (CPC) requires that information about the youth’s social environment has to be collected during proceedings. However, it does not require submission of such information in a comprehensive and standardized format. Moreover, since any information required by the CPC is by default gathered by an investigator, reliability and neutrality of such information often could be questioned since investigators in Ukraine often tend to favor prosecution.

Thus, in 2012 in Ivano-Frankivsk under the framework of UJJRP pilot project judges of the local court and the staff of the Service for Children developed and implemented the procedure and agreed on the format of the Pre-Sentence reports that met requirement of international standards and national laws. Subsequently this practice was included by the High Specialized Court of Ukraine on Civil and Criminal Cases in the Informational Letter on Criminal Proceedings for Minors № 223-1134/0/4-13 of July 18, 2013.

With adoption of the Law on Probation in 2015, preparation of pre-sentence reports for minors is the function of the Criminal Executive Inspection, which is the probation agency.

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