President of Ukraine Vladimir Zelensky approved and signed Law No. 9185 – it will allow probation to be used for certain types of crimes instead of imprisonment*.
The purpose of the innovation, which is reported on the website of the Verkhovna Rada of Ukraine, is to optimize the functioning of the pre-trial detention center during martial law, allowing the premises to be freed up for prisoners of war.
Probation does not provide for isolation from society, that is, imprisonment, and can last from one to five years (1-2 years for minors). This is a restriction of the rights and freedoms of a convicted person “using supervisory and social-educational measures” at his place of residence (including using an electronic bracelet), explains edition “Country”. Probation will take into account individual characteristics and circumstances.
The law introduces probation as an alternative to prison, as a method of punishment for all crimes that are specified in the Special Part of the Criminal Code, which, for example, includes murder or rape. The new law gives the judge the right to choose between prison and probation – with the exception of criminal offenses committed by military personnel.
As legislators emphasize, “restriction of freedom and arrest, as types of punishment, lose their criminal legal and social purpose and require significant financial costs.”
*Probation is a set of measures that includes a wide range of social and legal measures applied by the relevant authorized state body, aimed at creating conditions for the correction of the probation client and his adaptation to life in society, preventing him from committing repeated offenses.
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