Probation Service of Latvia: Legal Basis of Activity

Keywords: probation, State Probation Service of Latvia, probation client, report on the evaluation of the probation client, probation programs, carrying out of forced labour, performing community service, probation supervision, electronic surveillance of convicts

Abstract

The article describes the experience of establishing a probation service in Latvia in the 90s of the XX century – at the beginning
of the XXI century; the structure of the State Probation Service of Latvia and the mechanism of realization of nine main functions of
the Service under the Law of Latvia “On the State Probation Service” of December 18, 2003, are analyzed: 1) submission of a report
on the evaluation of the probation client; 2) development of probation programs and implementation of licensed programs; 3) execution
of criminal punishment in the form of forced labour; 4) execution of a coercive measure of educational nature – public works; 5) organization
and conduct of the mediation process in criminal proceedings and cases concerning the application of coercive measures of
educational character to children, as well as four supervisory functions: 6) supervision over persons conditionally released from criminal
liability with a probationary period; 7) supervision over conditionally sentenced persons on probation; 8) supervision over parolees
serving additional sentences; 9) probation supervision. The peculiarities of supervision over parolees are indicated. It is noted that Latvian
legislation provides for the possibility of establishing both ordinary and electronic surveillance for persons applying for parole.
The author indicates the peculiarities of supervision over parolees. It is noted that Latvian legislation provides for the possibility
of establishing both ordinary and electronic surveillance for persons applying for parole. It is noted that Latvian legislation provides for
the possibility of establishing both ordinary and electronic surveillance for persons applying for parole.
The basic rights of officials and employees of the State Probation Service of Latvia and the responsibilities of convicts under the
supervision of the Service, including the additional responsibilities of the convicts subjected to electronic supervision; the activity of
the Advisory Council at the State Probation Service of Latvia and territorial advisory councils are considered as well.
It is concluded that Latvia has created the legal framework and mechanism for the implementation of both the punishments as an
alternative to imprisonment and measures as an alternative to punishment (public sanctions); and other measures are being taken to
implement the recommendations of the Council of Europe CM / Rec (2010) 1 of the Committee of Ministers to member states on the
Council of Europe Rules on Probation, CM / Rec (2014) 4 of the Committee of Ministers to member states on electronic monitoring,
CM / Rec (2017) 3 of the Committee of Ministers to member states on the European rules on public sanctions and measures.

Published
2020-11-10
How to Cite
Lysodyed, O. (2020). Probation Service of Latvia: Legal Basis of Activity. Law Review of Kyiv University of Law, 1(3), 273-280. Retrieved from https://chasprava.com.ua/index.php/journal/article/view/512
Section
Criminal law and criminology