Pre-Trial Probation As A Way To Ensure The Protection Of The Defendant’s Rights

Abstract

Within the framework of Ukraine’s European integration and the development of its legal system, there arises a need for introducing an efficient mechanism, which would make up for convicts’ rehabilitation, as well as establish some control over their behavior. The institution of probation seems to be the very mechanism that is able to fulfil the above task, as well as to protect our society, prevent repetitive crimes and stipulate the criminal’s reintegration into the society. The essence of probation lies in establishing control over the convict by obliging him to do certain things and restricting his freedom, without isolating him from the society (to attend probation centers, to meet a supervisory officer, to participate in various activities, etc.) One of the most important functions, performed by the probation service, is a pretrial one. It is administered in the process of investigating the crime, together with other investigative actions, by the bodies of inquiry. This pre-trial function presupposes collecting information about the criminal, with the purpose of assisting the court in determining the most relevant punishment (either imprisonment or some other alternative sentence). In this way, implementing the rule of law and ensuring human rights, the legislation allows the defendant to take a direct part: in making up his social-psychological characteristics; in specifying any information concerning his involvement in the committed crime; in compiling a pre-trial report; in receiving information on the procedure of compiling and applying the pre-trial report; in providing the probation officer with all the information, required by the report. In case of biased treatment, a defendant can withdraw a probation officer. Any accused individual has an indisputable right to make his own comments and specifications in the process of making up a pre-trial report, as well to refuse to sign it.