Czech Probation and Mediation Service (PMS)

The Probation and Mediation Service aims to offer effective and socially beneficial solution of crime-related conflicts and at the same time organises and provides for efficient and dignified execution of alternative sentences and measures with emphasis on victim interests, community protection and crime prevention.
The Czech PMS is a new institution in criminal policy and is based on the co-operation of two professions – social work and law, in particular criminal law. A balanced merger of the two professions creates a new multi-disciplinary profession in the criminal justice system.

Offender integration – „the Probation and Mediation Service aims to reintegrate offenders back to the community with no further re-offending. Integration is a process leading to the restoration of offender’s respect for the legal status of the society, his/her capability and self-actualisation.“

Victim participation – „the Probation and Mediation Service strives to involve the victim in the „process“ of his/her own restitution, to restore his/her feeling of safety, his/her integrity and confidence in justice.“

Community protection – „the Probation and Mediation Service contributes to community protection with effective solution of conflict and risk situations related to criminal proceedings and with efficient execution of alternative sentences and measures.“

Establishment, organization and operation of the Probation and Mediation Service is regulated by Act No. 257/2000 Coll., about the Probation and Mediation Service. This principle ensures its sustainability.

Due to the nature of the focus of probation and mediation services, the transferability of the program to other contexts is highly problematic. The activities of the Probation and Mediation Service are fully managed by the Ministry of Justice and all programs has to be accredited according to the Methodology of the Ministry of Justice.

Supervision of the activities of the Probation and Mediation Service is carried out by the Ministry of Justice, with the Minister of Justice having set up as its advisory body in this area a Council for Probation and Mediation.
The Probation and Mediation Service publishes an Activity and Management Report each year, and this report is controlled by an independent audit and subsequently published.

• Confederation of European Probation
• Prison Service of the Czech Republic
• Probation and Social Services of Canton of Zurich (BVD-Bewährungs und Vollzugsdienste - Zurich)
• VEBO (Verein zur Entwicklung der Bewährungshilfe in Osteuropa - Association for the Support of the Development of Probation Services in Eastern Europe)

Budget approved on 1 January 2016:
Total expenditure: 382 488 485 CZK

Zpráva o ?innosti a hospoda?ení. PMS - Proba?ní a media?ní služba ?eské
republiky [online]. Praha, 2016 [cit. 2017-09-15]. Dostupné z:
https://www.pmscr.cz/KOMENTÁ? KE STATISTICKÉMU VYHODNOCENÍ
?INNOSTI PROBA?NÍ A MEDIA?NÍ SLUŽBY ZA ROK 2016. PMS - Proba?ní
a media?ní služba ?eské republiky [online].
Praha: PMS, 2016 [cit. 2017-09-15]. Dostupné z:
https://www.pmscr.cz/download/010116_311216_Komentar_ke_statistickemu_
vyhodnoceni_PMS.pdf
ZÁKON ze dne 14. ?ervence 2000 o Proba?ní a media?ní služb? a o zm?n?
zákona ?. 2/1969 Sb. PMS - Proba?ní a media?ní služba ?eské republiky [online]. Praha, 2009 [cit. 2017-09-15]. Dostupné z: https://www.pmscr.cz/download/01_ZAKON_O_PMSCR_aktual_2009.pdf
VAMBERA, Michael. ?innost proba?ní a media?ní služby p?i výkonu
alternativních trest? [online]. Praha, 2016 [cit. 2017-09-15]. Dostupné z:
https://www.google.cz/url?sa=t&rct=j&q=&esrc=s&source=web&cd=1&cad
=rja&uact=8&ved=0ahUKEwjKnYKI5abWAhVKblAKHZv8DhUQFggnMAA&url=
https%3A%2F%2Fis.cuni.cz%2Fwebapps%2Fzzp%2Fdownload%2F12021365
4&usg=AFQjCNFnTS6s03XTgTo8h4GkaXL1j1Kqgw. Diplomová práce.

https://www.pmscr.cz/
http://www.justice.cz/Justice2/Uvod/uvod.aspx
https://www.zakonyprolidi.cz/cs/2000-257
https://www.pmscr.cz/download/02_STATUT_PMSCR_aktual_2008.pdf
https://www.pmscr.cz/download/Zprava_o_cinnosti_a_hospodareni_2016_a.pdf
https://www.pmscr.cz/download/Strategie_PMS_v_oblasti_snizeni_recidivy_
pachatelu_vykonavajici_alternativni_trest_pod_dohledem_PMS2.pdf
https://www.pmscr.cz/download/010116_311216_Komentar_ke_statistickemu_
vyhodnoceni_PMS.pdf
http://www.trestni-rizeni.com/vyklad-pojmu/probacni-a-mediacni-sluzba

Probation is the organizing and carrying out supervision of the accused, defendant or convicted, check the performance of the alternative punishments in which have been imposed any obligations or restrictions, monitoring of the behaviour of the convict in the probation period of a conditional release from imprisonment, as well as individual assistance to the accused and the acting on him in the sense of leading a good life.
Mediation is the out-of-court mediation of a dispute settlement between the accused and the injured. In the framework of the probation creates the preconditions for the criminal thing could be discussed in one of the special types of criminal proceedings, to replace the custody with another measure, or to impose and enforce a sentence not connected with imprisonment.
Therefore, it provides to the accused the professional guidance and assistance, monitors and controls his behaviour, and cooperates with the family and social environment in which he lives and works, in order to lead a proper life in the future.
In addition, the Probation and Mediation Service also participates in crime prevention.

In general, we can say that PMS activities dominate cases from the enforcement procedure. These significantly exceed the preparatory procedure. PMS has for long to sought to balance the position of preparatory and executive procedure.
It also seeks to cooperate with governmental and non-governmental organization and in cooperation with them supports and develops other programs such as therapeutic etc. Problems that may prevent better PMS activities can be seen, for example, in staff shortages, in poor cooperation of judicial bodies in the implementation alternatively, as well as in the lack of coordination of the current criminal policy.

The efficiency of PMS should be primarily ensured by a proper selection of officials involved.
The condition for the performance of an official's duties is blameless, legal capacity, master’s education in the field of social sciences and passing the professional examination after the complete the basic qualification course for Probationary and Mediation Officers. Basic qualification education includes twelve-month theoretical and practical preparation in law, social disciplines, social work and communication skills.
The probation and mediation service assistant must be over 21 years of age, blameless, with legal capacity and must have a secondary education in the social sciences. Education assistants are required to complete a six month course of study completed by verifying the knowledge gained.
Workers' training requirements Probation and mediation services are obvious.
Their tasks are very specific and the success often depend on the right choice of solution various problems, communication skills, performance and charisma of these workers.

Since the new Criminal Code No. 40/2009 Coll. in the 2010, the development of the total number of registered files kept growing and it culminated in 2012.
Subsequently, there was a significant fall in the number of registered files in 2013. It is possible suppose that some influence on this development had an amnesty of the President of the Republic, which caused significant changes at all levels of the judicial system. Subsequently, in 2014, the number of the files returned to the level of 2012. In 2016, compared with 2015, the total number of files decreased slightly.
The overall number of new cases in 2016 was 29,787, which means that compared with 2015, the PMS cases was slightly reduced by about 3.1%. Of the total number of these cases, 8,3% consisted of a youth agenda (a total of 2 479 files).
The Probation and Mediation Service, within the solution of various cases, also contacts victims of crime. The proportion of all cases of PMS where exists the physical victim, ranges from 50% to 60%.
In 2016, probation officers began cooperation and provided assistance and advice to 6,446 victims of crime. Compared to the 2015 estimate, there was a slight decrease in the number of crime victims by 14%.
89.6% of the victims were adults, 5% were children or adolescents, and 5.3% were persons over 65 years old, ie seniors.
For the year 2016, 1 164 indemnity agreements were mediated as part of the co-operation with victims of crime, and within 920 mediations, the victim and the perpetrator agreed on the method of settlement of the arisen conflict.

As stated above, the sustainability of the Probation and Mediation Service is ensured by law.
The Probation and Mediation Service has in the Czech environment an irreplaceable site in the performance of alternative sanctions.
The Act on Probation and Mediation Service defines as one of the main types of probation and mediation activities to supervise the behaviour of the accused in cases where supervision has been imposed, to monitor and control the accused during the probationary period and also in the control the execution of additional sentences not connected with imprisonment.

The Probation and Mediation Service proceeds, if useful, in cooperation with the authorities, social security, schools and school facilities, health care facilities, registered churches and religious societies, civic associations, foundations, and other institutions pursuing humanitarian objectives and, where necessary, coordinates this synergy in terms of the use of probation and mediation in criminal proceedings.
In connection with probation and mediation, probation and mediation officers are entitled to address the state authorities and legal and natural persons with
request for the disclosure of the necessary data, and these organizations are obliged to disclose the required data without undue delay.