Criminal policy in the Czech Republic, similar to other post-communist countries of the so-called “soviet block,” has been undergoing major changes since the early 1990s.  Some of these changes have focused on developing sentences and measures that include elements of probation and mediation.

A number of amendments to the Criminal Code introduced new types of diversions and community sanctions.  One significant change was the acceptance of a new act for a Probation and Mediation Service,  enacted on January 1, 2001 under the Ministry of Justice. 

Sdruzeni pro rozvoj socialni prace v trestni justici - The Association for Development of Social Work in Criminal Justice (SPJ), a non-profit organization, was established in 1994 to support new and alternative forms of resolving criminal issues.  

Project 1:  introducing probation and mediation

From its beginning the SPJ seeks to cooperate with State organizations to see its visions enforced and  to find satisfying solutions for all involved through discussion and negotiation. In response to changes in the criminal justice system,  the SPJ prepared a number of pilot projects to provide information as well as initiated discussion about probation and mediation on different levels of the criminal justice system.

SPJ held informational seminars for judges, state prosecutors, and workers in the legislation department of the ministry of Justice. It published a series of articles and manuals for spreading knowledge and best practice of probation and mediation, and organized knowledge transfer from other European countries such as Austria, Denmark, Germany,  the Netherlands, Norway, and Switzerland. 

The main outcome of these activities was an elaboration of the theoretical background and work procedure to be used in probation and mediation in the Czech Republic.  From 1999 to 2000 SPJ prepared a project to be carried out by the Ministry of Justice to test the concept of probation and mediation – three Probation and Mediation Service pilot centers were set up in Prague, Ústí nad Labem and Ostrava.

Project 2:Training Probation and Mediation Service’s Workers

In 1999 SPJ, in cooperation with the Institute for Education, the Ministry of Justice, prepared a  qualification education program to train authorities and assistants working in the Probation and Mediation Service. The program was financed by Open Society Foundation in Prague and Open Society Institute/Constitutional and Legal Policy Institute in Budapest. 

This one-year  program was developed to meet the qualifications and requirements that were deemed necessary by the Act on Probation and Mediation Service for justice workers to have. The workers trained in this pilot program were then prepared to work for the Probation and Mediation Service, after its official establishment, which was in January 2001. The program was divided to serve two target groups

• a one year program for officers
• a six month program for assistants

SPJ carried out the first pilot year of the training. 

Concept of the training program

The program was developed in light of the theory of radical constructivism and principals of restorative justice.  From this theoretical background, crime is seen as a social event within the community, and its resolution must involve all parties who were effected by the crime.  It is important to consider the impact on the victim and the community as well as the implications for the offender.  

The qualification system was developed using a holistic approach, which stressed the importance of an interdisciplinary background, and included an internship component. For effective implementation of probation and mediation, it is necessary to draw on an interdisciplinary background so that the different sides of the problem can be considered - the legal, psychological, social etc. - which ensure a high professional standard.  

The educational program consisted of teaching theory and use of legislation as well as communication skills. It included an internship at the Probation and Mediation Centres, at certified places of probation and mediation work, and also in different institutions related to conflict resolution and social services. One condition for success was that parts of the training, like internships, were provided directly in the participants' regions. 

SPJ has succeeded in creating a holistic educational system that included accreditation –  the first of its kind in the Czech social service system. Experience from other training projects as well as a clear picture of what skills people need to have when training is over, helped SPJ’s staff to form the course outline.

Outcomes of the pilot

After the successful evaluation of the pilot program, the Ministry of Justice approved the qualification system as the standard of education for all probation and mediation workers in the Czech Republic.  The Ministry began running this accredited educational program in 2001.  Since then, SPJ continues to be involved with the program. Its lectors are developing a system of teaching practical competences for probation and mediation, study materials, and they continue to provide training in communication skills. SPJ also organizes supervision workshops for workers of Probation and Mediation Service in three regions of the Czech Republic.
Project 3: Community service

Community service order (in Czech, sanctioned public benefit work) has been used in the Czech Republic since 1996. Community service order consists of unpaid work for the state or other agencies that benefit society. The length of the order varies from 50 to 400 hours, depending on the offence. 

Possibility for CSOs

Originally, use of community service was limited, and it was only performed at municipal offices.  However, on January 1, 2002 the Czech Criminal Code was amended to broaden the cases in which community service may be used. It is now possible for civil society organizations (CSOs) to take part in implementing community service sanctions.

There are 44 thousand CSOs registered in the Czech Republic, including foundations, civil associations, and church organizations.  CSOs play a major part in community matters, and through their activities they support the principals of an open civil society. Community service may help Czech CSOs , which are often short of finances, to reduce operating and other costs. Presently, the participation of the CSOs in the area of community service orders is sporadic.
Information campaign

To raise the interest of CSOs in the implementation of community service orders, SPJ initiated a project composed of several informational and PR activities in the spring of 2002. The pilot has been launched in close cooperation with Probation and Mediation Services in three regions of Czech Republic. 

Anticipated results of the project:

• to widen the possibilities for execution of community service orders
• to inform the public about alternative sentences and measures
• development of working relations between the government and the CSO sector, which is still rare in the Czech Republic; involvement executing community service may raise the standing of CSOs as a good partner to the state 

There were five introductory seminars held to introduce various CSOs to the system of community service. Previously uninitiated CSOs learned about the system of alternative sentences and measures, community service sanction, experience from organizations that take part in execution of community service sentence, and practical information how to get involved in execution of community service.  More than 100 CSO representatives attended an introductory seminar held in this spring.

During the seminars, SPJ delivered questionnaires to assess additional needs of the CSOs in order for them to get involved with or implementing community service orders.  The results of these questionnaires were used to design a series of three day long workshops to be held in the fall.  Some of the seminar topics being organized are training in communication with the client, working with the client, and  development of standards of cooperation between CSOs and Probation and Mediation Service.  Additionally, there will be training in the preparation of project proposals and logic frame, skills which will help all CSOs in financing and capacity building.  

In the initial segment of the project, 500 CSOs received basic information about community service - the purpose, the possibility of their involvement, advantages for CSOs, and answers to their possible questions and worries. 
The following materials are being developed to publicize this issue and to assist the performance of community service:

• a booklet with basic information
• a so-called “work book” for clients to write down hours they served, important contacts etc.
• specially designed web pages that will also enable exchange of know-how and experience among CSOs and probation and mediation workers (www.spj/cz/opp).

The project is financed by Open Society Foundation in Prague and Open Society Institute/Constitutional and Legal Policy Institute in Budapest.

Ludmila Hasmanová
September  2002