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Alternative custodial measures contribute to the re-education of children who have committed offences
Juvenile justice legislation means that many minors who commit criminal offences do not end up behind bars, but are given alternative, educational measures. One of the methods of re-education is the probation programme, where children are counselled by psychologists and teachers and undergo a series of training courses.
Juvenile justice legislation means that many minors who commit criminal offences do not end up behind bars, but are given alternative, educational measures. One of the methods of re-education is the probation programme, where children are counselled by psychologists and teachers and undergo a series of training courses. Experts encourage the use of alternative measures to detention, as they help to re-socialise children who have committed offences. In 2019, when she was 17 years old, Veronica (editor's note: name changed) committed a theft and the court sentenced her to six months in prison. As an alternative measure, her sentence was conditionally suspended for a probation period of one year and the girl, then a minor, was ordered by the court to participate in the probation program "Civic and vocational training for you and the community". In this programme, Veronica was counselled by her probation counsellor who helped her to understand not only the crime she had committed, but also the risks of committing another crime. "For a year, we had many lessons and exercises. The program helped me understand the mistake I made and why you shouldn't hurt others. Now I don't think negatively, I'm not aggressive towards others, and I'm a much more positive person. I learned that in any situation you can help other people." Specialists have also helped Veronica discover her vocational qualities by helping her to enrol in a vocational school. "Now I'm learning, and soon I'll finish school and get a job. My degree will help me find a job more easily. If I hadn't taken this course, who knows where I'd be now..." says Veronica, adding that she wants to get a job as a waitress. Minors in conflict with the law rediscover themselves Veronica's case was handled by Iulia Terpan, a probation counsellor, now head of the supervision and complementary punishment department of the Chisinau Probation Bureau. "She was then given an individual programme according to her needs. We discussed her dreams, emotions, feelings, the qualities of her personality. A lot of work was done with her, because she was a difficult child, affected by her family past. During this period, Veronica changed a lot, she successfully completed the program and received her certificate, she was excluded from the Probation Office and her criminal record was expunged", says Iulia Terpan. She also said that in cases where minors intentionally do not follow the full program, imposed as an obligation, or intentionally evade it, the probation counselor files a lawsuit, and the investigating judge can cancel the sentence with conditional suspension of the execution of the sentence, thus sending the minor to prison. Ala Sorocean, head of the Probation Department of the National Probation Inspectorate, says these programmes are available to minors who have been given educational measures of restraint, as well as to minors sentenced to full or partial probation, and to minors released on probation early. Minors sentenced to unpaid community service are also in the custody of the probation system. They perform work according to their age and ability. Most of the time, the probation system has juveniles who have committed theft, violence against a person, hooliganism and sexual offences. A chance for children who have committed crimes One of the authors of the introduction of alternative measures in Moldovan legislation was Igor Dolea, director of the Institute for Penal Reforms. He says the laws are amended regularly, taking into account the best interests of the convicted minor, so that these children can be reintegrated into society. "In general, community measures are more suitable for certain types of crime because they avoid prison. It is well known that once in prison, many people commit even more serious crimes. In general, the Convention on the Rights of the Child says that penalties should be in favour of the child. Even if he or she ends up in prison, the best interests of the child must be served so that he or she does not commit further offences. Alternative measures are a chance to re-educate and re-socialise a child who has committed an offence. They also reduce the number of prisoners in detention, which is a very good thing," concluded the expert. Under Moldovan law, minors who commit a minor offence can be released from criminal responsibility if it is possible to correct them without being placed behind bars. In this case, minors are subject to educational measures of constraint, provided for in Article 104 of the Criminal Code, such as: a warning, a fine, an obligation for the minor to attend a psychological rehabilitation course, a compulsory education course or an obligation to participate in a probation programme, etc. According to the National Bureau of Statistics, last year more than 1200 minors committed crimes, of which 435 were convicted. At the same time, the 2018-2019 Report on the implementation of the National Action Plan on Human Rights states that 353 minors benefited from alternative measures to detention, including 349 minors were subject to probation. Last year, 44 minors were detained in the country's prisons. Mariana Jacot, Independent Press Association Have your fundamental rights and freedoms been violated? Call the free "Hotline" 080080030 from landlines or mobile phones and we will help you to be heard and refer you to the relevant public institutions.