The Council of the European Union has published in the Official Journal of the European Union the Council Framework Decision 2008/947/JHA on the application of the principle of mutual recognition to judgements and probation decisions with a view to the supervision of probation measures and alternative sanctions. This Decisions aims to enhance the prospects of the sentenced person’s being reintegrated into society, by enabling that person to preserve some personal ties, but also to improve monitoring of compliance with probation measures and alternative sanctions.

Framework Decision 2008/947/JHA aims at facilitating the social rehabilitation of sentenced persons, improving the protection of victims and of the general public, and facilitating the application of suitable probation measures and alternative sanctions, in case of offenders who do not live in the State of conviction.

With a view to achieving these objectives, it lays down rules according to which a Member State, other than the Member State in which the person concerned has been sentenced, recognises judgements and, where applicable, probation decisions and supervises probation measures imposed on the basis of a judgement, or alternative sanctions contained in such a judgement, and takes all other decisions relating to that judgement.

The Framework Decision will specifically apply only to:

• The recognition of judgements and, where applicable, probation decisions.
• The transfer of responsibility for the supervision of probation measures and alternative sanctions.
• All other decisions related to the previous actions.

It will not apply to the execution of judgements in criminal matters imposing custodial sentences or measures involving deprivation of liberty which fall within the scope of Framework Decision 2008/909/JHA, as well as recognition and execution of financial penalties and confiscation orders which fall within the scope of Council Framework Decision 2005/214/JHA

In view of the principle of mutual recognition, on which this Framework Decision is based, issuing and executing Member States should promote direct contact between their competent authorities in the application of this Framework Decision. For the purposes of the Framework Decision, the supervision and application of probation measures and alternative sanctions will be governed by the law of the executing State.

Probation measures or alternative sanctions concerned by Council Framework Decision 2008/947/JHA

• An obligation for the sentenced person to inform a specific authority of any change of residence or working place.
• An obligation not to enter certain localities, places or defined areas in the issuing or executing State.
• An obligation containing limitations on leaving the territory of the executing State.
• Instructions relating to behaviour, residence, education and training, leisure activities, or containing limitations on or modalities of carrying out a professional activity.
• An obligation to report at specified times to a specific authority.
• An obligation to avoid contact with specific persons.
• An obligation to avoid contact with specific objects, which have been used or are likely to be used by the sentenced person with a view to committing a criminal offence.
• An obligation to compensate financially for the prejudice caused by the offence and/or an obligation to provide proof of compliance with such an obligation.
• An obligation to carry out community service.
• An obligation to cooperate with a probation officer or with a representative of a social service having responsibilities in respect of sentenced persons.
• An obligation to undergo therapeutic treatment or treatment for addiction.

The Framework Decision provides that if a series of offences such as participation in criminal organizations, terrorism, trafficking in human beings as well as certain substences, sexual offences against children, corruption, counterfeiting, computer-related crime, murder, etc; are punishable in the issuing State by a custodial sentence or a measure involving deprivation of liberty for a maximum period of at least three years, and as they are defined by the law of the issuing State, will, without verification of the double criminality of the act, give rise to recognition of the judgement and, where applicable, the probation decision and to supervision of probation measures and alternative sanctions.

There are also some situations for the competent authority of the executing State to refuse to recognise the judgement or, where applicable, the probation decision and to assume responsibility for supervising probation measures or alternative sanctions.

Member States are to take the necessary measures to comply with the provisions of this Framework Decision by December, 6th, 2011. After that date, the Framework Decision will replace the corresponding provisions of the Council of Europe Convention of November, 30th, 1964 on the Supervision of Conditionally Sentenced or Conditionally Released Offenders, in relations between the Member States, providing for a more effective instrument as it is based on the principle of mutual recognition and all Member States participate.