Social Construction of Probation. A Qualitative Analysis in Romania and Republic of Moldova

FORMAT | Presented paper

LANGUAGE | English

HOW TO CITE| Unguru, E. & SANDU, Antonio (2017). Social Construction of Probation. A Qualitative Analysis in Romania and Republic of Moldova. International Conference Legal and Administrative Challenges in Cross-Border Cooperation (LSCCC 2017) | April 6th, 2017 | Cernivtsi, Ukraine.

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ABSTRACT:

The purpose of this article is to develop an interpretative model regarding the institutional and instrumental frameworks of the social construction of the profession of probation counsellor in N.E. Romania and the Republic of Moldova. The research was conducted after a major penal reform in both countries, which significantly changed the function of the probation system, which is very new. The research was conducted through individual and group interviews with the probation counsellors and other people involved in applying noncustodial punishments. The data analysis starts from the Grounded Theory method. The most important results have targeted the modifications of the regulatory frameworks of probation, a fact which leads to a series of problems related especially to the inadequacies between the different normative frameworks applied, the case overloads and the partial inadequacy of the models of practice based on the experience of other states (especially the U.K. and Norway) to the Romanian and Moldavian reality. The research highlights a mixed model of probation with elements of restorative justice, which interferes with the retributive model, and with the model of justice centred on human rights.

KEYWORDS:

probation; institutions; social construction; rehabilitation of criminals; non-custodial measures.