NCJ Number
86335
Date Published
1981
Length
37 pages
Annotation
This discussion of probation in Luxembourg considers law enforcement and the administration of justice as well as the organization and working methods of the probation system.
Abstract
The Luxembourg police have the duties of crime prevention and criminal investigation, but they do not have the power to initiate criminal proceedings. The heads of the public prosecutors' offices have the discretion to decide whether to undertake criminal proceedings in a given case. In the court system, a specific jurisdiction corresponds to each category of offense, and the opportunity of appeal is provided. The general categories of penalties are imprisonment and fines. A 1973 statute provides that when granting a suspended sentence, the jurisdiction that heard the case may sentence the person to probation for 3 to 5 years. Probation conditions and measures of supervision and assistance are designed to rehabilitate the probationer. Probation services come under the broad range of correctional services provided by the Social Defense Service. Each probation officer has broad working autonomy and has input to the Social Defense Committee, a component of the Social Defense Service. The probation officers prepare background reports on offenders to assist the courts in sentencing. Casework is emphasized in probation, and the probationer is involved in the development of a plan to facilitate community adustment. The ultimate objective is for the probationer to develop self-control and self-motivation that provides a positive direction for behavior. Specialized services for probationers are not generally available in the community, so work with offenders who have drug problems and severe mental disturbances is difficult for probation officers. A list of key addresses and sentencing statistics for 1976-80 are provided.