NCJ Number
60334
Journal
Revue de droit penal et de criminologie Volume: 59 Issue: 3 Dated: (MARC 1979) Pages: 215-249
Date Published
1979
Length
35 pages
Annotation
EFFORTS TO REPLACE REPRESSIVE WITH REHABILITATIVE PENALTIES IN BELGIUM ARE DESCRIBED, AND THE COUNTRY'S PROBATION SYSTEM, DEVELOPED SINCE 1964, IS OUTLINED.
Abstract
THE LOCALLY ADMINISTERED BRITISH PROBATION SYSTEM IS CITED AS THE FINEST EXAMPLE OF A SUCCESSFUL OFFENDER RESOCIALIZATION EFFORT. IN BELGIUM, ACCORDING TO THE PROBATION LAW OF JUNE 29, 1964, JUDGES MAY IMPOSE A SENTENCE OF PROBATION WITH SPECIAL CONDITIONS. BEFORE PASSING SENTENCE, JUDGES MAY CHARGE A PROBATION ASSISTANT TO MAKE BACKGROUND INQUIRIES. UNFORTUNATELY, JUDGES TEND TO APPLY PROBATION TO OFFENDERS WHO DO NOT NEED IT, TO OMIT SOCIAL INQUIRIES BEFORE SENTENCING, AND TO SET PROBATION CONDITIONS WHICH CANNOT BE ENFORCED. FURTHERMORE, THE SERIOUS WORK OVERLOAD OF PROBATION ASSISTANTS LIMITS THEIR INVESTIGATIVE ACTIVITIES. TO ATTAIN THE EFFECTIVENESS OF THE BRITISH MODEL, THE BELGIAN SYSTEM IS IN NEED OF FURTHER MODIFICATION. PROBATION IN THE COMMUNITY IS INTENDED PRIMARILY FOR TREATMENT OF ASOCIAL OFFENDERS (AS OPPOSED TO ANTISOCIAL AND OCCASIONAL OFFENDERS) WHO HAVE BEEN SUBJECTED TO PERSONAL AND ENVIRONMENTAL INFLUENCES BEYOND THEIR CONTROL, I.E., PERSONALITY DISTURBANCES REQUIRING MEDICAL OR PSYCHOLOGICAL ATTENTION, ENVIRONMENTAL DISTURBANCES, OR INTERACTIONS BETWEEN PERSONALITY AND ENVIRONMENT. FOR THIS REASON, SOCIAL AND MEDICAL INQUIRIES INTO THE BACKGROUND OF OFFENDERS IS ESSENTIAL TO ASSURE JUSTICE AND TREATMENT OF THE ACTUAL CRIME CAUSE. IT IS EMPHASIZED THAT THE PROBATION LAW CAN ONLY BE SUCCESSFULLY APPLIED IF JUDGES ARE SELECTED AND TRAINED TO BE MORE SENSITIVE TO THE SITUATIONS OF INDIVIDUALS IN A RAPIDLY CHANGING SOCIETY. NOTES ARE SUPPLIED. --IN FRENCH.