Technical ReportPDF Available
A preview of the PDF is not available
... Comparative research Fair Trials International, 2016;Morgenstern, 2017) has shown diverse concepts of what is the norm and what is the alternative when it comes to pre-trial measures that aim at securing the defendant's presence in criminal court and the prevention of new offences. 'Alternatives' here serve as generic term that covers both Continental European models of 'milder measures' as opposed to pre-trial detention and 'bail models' as for example in Ireland (Rogan, this volume) or England and Wales (Hucklesby, this volume). ...
... Because of this situation, a judge considered that "we are almost forced to keep certain people in pre-trial detention" (Jonckheere, 2017: 26-27). This seems to depend on existing local cultures, as explained for Germany, where sometimes established structures enable defense lawyers to find places for their drug addicted clients more easily than elsewhere (Morgenstern, 2017). Costs related to the regular purchase of drugs can also be perceived as increasing the risk of reoffending. ...
Chapter
This chapter highlights the diversity of approaches and measures taken to avoid pre-trial detention in prison in the countries sampled and explores the different forms of bail conditions and ‘less severe measures’ as they are called elsewhere. Measures discussed include financial bail, judicial supervision and electronic monitoring. The risk of net-widening by using a variety of non-custodial measures are one concern; intrusive conditions that may violate the presumption of innocence are another; the lack of suitable measures for foreign and socially marginalized suspects are a third one.
Article
On 28 November 2008, the Council of the European Union (EU) adopted Framework Decision 2008/947/JHA, creating the European Probation Order (EPO). It allows EU citizens sentenced or subject to a probation decision to return to their own countries and implement there the alternative penalty or measure, where competent judicial authorities will supervise the execution of the probation measure. Despite the high number of EU nationals sentenced or punished in EU countries, EPO has been used sparingly. This article examines the obstacles facing its implementation, mainly the lack of knowledge about its utility and other EU probation systems or specific gaps of the norm, and provides proposals for overcoming them, such as more training and promotion of mutual knowledge, a common interpretation to get over the differences among systems and some form of annual monitoring of its use, in order to combat the current situation whereby foreigners are overrepresented in prison.
2 nd National report on Romania
nd National report on Germany, p. 61. http://www.irks.at/detour/publications.html 94 2 nd National report on Belgium, p. 27. http://www.irks.at/detour/publications.html 95 2 nd National report on Belgium, p. 38. http://www.irks.at/detour/publications.html 96 2 nd National report on Belgium, p. 38. http://www.irks.at/detour/publications.html 97 2 nd National report on Netherlands, p. 50. http://www.irks.at/detour/publications.html 98 2 nd National report on Romania, p. 49. http://www.irks.at/detour/publications.html 99 2 nd National report on Austria, p. 44. http://www.irks.at/detour/publications.html 100 2 nd National report on Ireland, p. 73. http://www.irks.at/detour/publications.html 101 2 nd National report on Netherlands, p. 48. http://www.irks.at/detour/publications.html 102 2 nd National report on Netherlands, p. 50. http://www.irks.at/detour/publications.html 103 2 nd National report on Germany, p. 61. http://www.irks.at/detour/publications.html 104 2 nd National report on Ireland, p. 73. http://www.irks.at/detour/publications.html 105 2 nd National report on Netherlands, p. 13. http://www.irks.at/detour/publications.html 106 2 nd National report on Romania, p. 9. http://www.irks.at/detour/publications.html 107 2 nd National report on Romania, p. 16. http://www.irks.at/detour/publications.html 170 For NL: Beun, M. (2017) Conference presentation during CEP Expert meeting on the 26 th of September 2017; for Germany see 2 nd National Report on Germany, p. 99.