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Welcome to the EuroPris Knowledge Management System. The table below shows questions and responses from European National Agencies. Select a question for more information or use the filters on the left to narrow down questions based on Agency or Category.
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Introduction: In some countries prisons are subject to Ministry of Justice while in other countries they are subject to Ministry of Interior. In this context, we kindly ask you to answer the following questions:
MoI
What is the main role of Public prosecutors in the functioning of prisons?They don't belong to Prison Administration.
Are prisons subject to Public prosecutors hierarchically in local scope?No.
What is duty of public prosecutors in the context of prison? Public prosecutor is an "inspection" or "monitoring" mechanism? If so, in which context (human rights, financial issues, human resources, management, etc.) is it carried out?He belogns to another public body and has control functions in relation to specifc procedures.
Do the Public prosecutors take part in parole board for "good conduct/good behaviour" decisions/detections?No.
Is there any staff in prisons with the title "Prison Jurist"? Which qualifications are required to employ "Prison Jurist" and what is their job description?Yes, they have Law studies and take part in the decissions about the rehabilitation of inmates (leaves and probation). Also, they give legal advise to inmates and the direction of the prison.
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Pursuant to the Regulation on Internal Organisation of the Ministry of Justice and Public Administration (Official Gazette 97/2020), the prison system in the Republic of Croatia has been organised within the Directorate for Prison System and Probation of the Ministry of Justice and Public Administration.
What is the main role of Public prosecutors in the functioning of prisons?In the Republic of Croatia, Public prosecutors in prisons do not have a managerial function or directly decide on the rights of prisoners.
Are prisons subject to Public prosecutors hierarchically in local scope?No.
What is duty of public prosecutors in the context of prison? Public prosecutor is an "inspection" or "monitoring" mechanism? If so, in which context (human rights, financial issues, human resources, management, etc.) is it carried out?In the Republic of Croatia, Public prosecutors in prisons are not "inspection" or "monitoring" mechanism and do not have a managerial function or directly decide on the rights of prisoners, but they can participate as proposers or as one of the parties in various court proceedings related to prisoners, e.g. before enforcement judges in connection with the suspension of a sentence, conditional release of prisoners, etc.
Do the Public prosecutors take part in parole board for "good conduct/good behaviour" decisions/detections?Public prosecutors do not directly decide on the parole of prisoners and do not make decisions directly, but they can participate as proposers or as one of the parties in court proceedings.
Is there any staff in prisons with the title "Prison Jurist"? Which qualifications are required to employ "Prison Jurist" and what is their job description?In the Republic of Croatia the internal organizational units of prison are established for the purpose of performing security, treatment, general and legal affairs, health care, labour and vocational education of prisoners, financial and bookkeeping and other affairs in accordance with the needs of the service. Staff of the Departments for general and legal affairs in prisons carry out the following activities: ensuring the protection of guaranteed rights of prisoners, providing professional legal assistance to prisoners in connection with the protection of their rights, conducting disciplinary proceedings against prisoners, managing and developing human resources, preparing draft regulations and decisions for civil servants and employees, and other jobs that enable the management and operation of the prison. In accordance with the Ordinance on Internal Order of the Ministry of Justice and Administration., civil servants who perform legal affairs in prisons must graduate from the Faculty of Law and have a certain number of years of work experience in legal affairs (depending on the position).
The Ministry of Justice.
What is the main role of Public prosecutors in the functioning of prisons?Public prosecutors play no role in the functioning of prisons.
Are prisons subject to Public prosecutors hierarchically in local scope? What is duty of public prosecutors in the context of prison? Public prosecutor is an "inspection" or "monitoring" mechanism? If so, in which context (human rights, financial issues, human resources, management, etc.) is it carried out?Please see question 2.
Do the Public prosecutors take part in parole board for "good conduct/good behaviour" decisions/detections?Please see question 2.
Is there any staff in prisons with the title "Prison Jurist"? Which qualifications are required to employ "Prison Jurist" and what is their job description?There is no staff in prisons with that or a similar title/function as far as we understand the question. Routine matters such as first line decisions in for example cases of misconduct, are decided by the prison warden in accordance with national guidelines. Issues that require specific expertise in legal matters are handled on a regional level.
In accordance with the national law on the system of penitentiary administration, the National Administration of Penitentiaries is a administrative authority subordinated to the Ministry of Justice.
What is the main role of Public prosecutors in the functioning of prisons?The functions of the prosecutor's office are provided in the Prosecutor's Law, according to the provisions in force, the prosecutor's office no longer exercises control over law enforcement in places of pretrial detention and in prisons (these tasks and responsibilities belonged to the prosecutor's office according to the old law that was repealed).
Are prisons subject to Public prosecutors hierarchically in local scope?The penitentiary administration system includes: the National Administration of Penitentiaries, the structural subdivisions and the penitentiary institutions. The National Administration of Penitentiaries leads, coordinates and ensures the control of the activity of the subdivisions and of the penitentiary institutions. Thus, none of the prison system entity are subject to Public prosecutors hierarchically.
What is duty of public prosecutors in the context of prison? Public prosecutor is an "inspection" or "monitoring" mechanism? If so, in which context (human rights, financial issues, human resources, management, etc.) is it carried out?Regarding the role of prosecutors in the penitentiary system, according to the law on the exercise of duties, the National Administration of Penitentiaries and subordinate institutions have the obligation to ensure inmates the possibility of defense through the prosecutor's office. Thus, public prosecutors have no "inspection" or "monitoring" role in the penitentiary system?
Do the Public prosecutors take part in parole board for "good conduct/good behaviour" decisions/detections?The Prison Commission is set up and operates in accordance with the Code of Enforcement and its own rules of procedure. The penitentiary commission includes representatives of the security, regime and surveillance services, legal, special records, education, psychologists, social assistance, penitentiary probation, medical, as well as representatives of the local public administration authorities, the guardianship and local authorities, by case also public associations. Proceeding from the enunciated, the prosecutors are not members of the penitentiary commission, at the same time we specify that their participation is not obligatory even in the examination in the court. In this regard, we specify that the Code of Criminal Procedure, when executing the sentence, the court resolves the issues regarding the changes in the execution of some decisions such as: conditional release from early sentence and replacement of the unexecuted part of the sentence with a milder sentence. And according to the settlement of the issues in the court hearing, only the participation of the convict and the representative of the body that executes the sentence is mandatory.
Is there any staff in prisons with the title "Prison Jurist"? Which qualifications are required to employ "Prison Jurist" and what is their job description?The person who fulfills cumulatively the conditions provided in the law regarding the penitentiary administration system may obtain the quality of civil servant with special status. With regard to staff in the legal subdivision, officials are required to have a bachelor's degree or equivalent in law. Within the legal service of the penitentiary institution work: the head of the legal service and a chief officer. Regarding the model and components of the job description of the civil servant with special status of the legal service within the penitentiary institutions and the Methodology regarding the elaboration, coordination and approval of the job description, we specify that it includes: general purpose of the position, basic tasks of the position professional, responsibilities.
The Justice FPS
What is the main role of Public prosecutors in the functioning of prisons?The Public Prosecutor’s Office has no administrative function within the functioning of the prisons and does not directly rule on the rights of the detainees. However, it is responsible for the enforcement of sentences and monitors their actual execution (by advising on requests for modalities for the enforcement of custodial. Sentences, by requesting certain decisions of the sentence enforcement court or judge, by ensuring the follow-up and monitoring of the modalities granted for the enforcement of custodial sentences, etc.).
Are prisons subject to Public prosecutors hierarchically in local scope?No
What is duty of public prosecutors in the context of prison? Public prosecutor is an "inspection" or "monitoring" mechanism? If so, in which context (human rights, financial issues, human resources, management, etc.) is it carried out?The Public Prosecution is not a body that monitors or inspects the (functioning of the) penitentiary system. However, it supervises the actual (modalities for the) of enforcement custodial sentences. In this context, it can advise on the granting of a requested modality for the enforcement of a custodial sentence and bring a case before the sentence enforcement court or judge to suspend, revoke or revise a modality granted for the enforcement of custodial sentences (for example: when the sentenced person does not comply with the imposed conditions
Do the Public prosecutors take part in parole board for "good conduct/good behaviour" decisions/detections?The Public Prosecution has no discretion in granting modalities for the enforcement of custodial sentences. However, it does advise on the requests for modalities for the enforcement of custodial sentences and participate in hearings in this context.
Is there any staff in prisons with the title "Prison Jurist"? Which qualifications are required to employ "Prison Jurist" and what is their job description?/
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Latvian Prison Administration (hereinafter – LPA) is a State administrative institution subordinated to the Ministry of Justice, which implements the State policy in the field of detention as a security measure and the deprivation of liberty as the execution of criminal punishment. LPA consists of the Central Office, Training Centre, prisons and remand prisons (hereinafter – prisons).
What is the main role of Public prosecutors in the functioning of prisons?Investigation Department has been established in LPA Central Office to investigate criminal offences committed by LPA officials in their performance of their duties in prisons, in so far as they do not involve violence against prisoners, and criminal offences committed by officials and staff in the performance of their duties, as well as investigating criminal proceedings for criminal offences committed by prisoners in prisons. The Prosecutor’s Office supervises the pre-trial investigation process in LPA Investigation Department.
Are prisons subject to Public prosecutors hierarchically in local scope?Prisons are not subject to the Prosecutor’s Office. The Prosecutor’s Office is a judicial power authority the functions of which are specified in Section 2 of the Office of Prosecutor Law.
What is duty of public prosecutors in the context of prison? Public prosecutor is an "inspection" or "monitoring" mechanism? If so, in which context (human rights, financial issues, human resources, management, etc.) is it carried out?The Prosecutor’s Office supervises the pre-trial investigation process in LPA Investigation Department.
Do the Public prosecutors take part in parole board for "good conduct/good behaviour" decisions/detections?If a convicted person wishes to request conditional early release from serving the sentence, the convicted person shall submit to the Head of the prison a submission requesting conditional early release from serving the sentence. The Head of the prison shall examine whether the convicted person conforms to the conditions mentioned in normative acts. If the Head of the prison finds that the convicted person conforms to the above mentioned conditions, he/she sends to the State Probation Service a request for an evaluation report. The State Probation Service shall prepare an evaluation report and send it to the prison. The Head of the prison shall send the report together with the convicted person's submission with the request for conditional early release, statement on the progress of executing the sentence and submission of the prison for conditional early release of a convicted person from serving the sentence to a district (city) court in territory of operation of which the prison is located. The district (city) court takes the decision about the conditional early release of a convicted person.
Is there any staff in prisons with the title "Prison Jurist"? Which qualifications are required to employ "Prison Jurist" and what is their job description?Lawyers do not work in Latvian prisons, they work in LPA Central Office. Legal Department is established in LPA Central office with the following functions: ensure the preliminary additional verification of the legality of the projects developed by LPA; ensure the preliminary additional verification of the legality of the LPA decisions, internal decisions, other individual legal acts, internal normative acts, private law and public agreements, inter-ministerial agreements and other draft legal acts of LPA; develop drafts of normative acts and perform the procedure for their coordination; prepare opinions regarding draft normative acts developed by other institutions; develop LPA internal regulatory enactments and other draft documents; examine submissions and provide answers to them; prepare draft administrative acts regarding the disputed administrative act adopted by prisons or actual action of prisons; represent LPA interests in court; prepare draft statements of claim, appeals, cassation appeals, ancillary appeals, explanations and other documents in civil, administrative and criminal cases; provide methodological and advisory support to LPA officials, civil servants and employees. There are following work positions in LPA Legal Department: Head of Department, Deputy Head of Department, Lawyer and Senior Lawyer. In order to work in LPA Legal Department in positions of Head of Department, Deputy Head of Department or Senior Lawyer, it is obligatory to have a higher academic education diploma (Bachelor’s, Master’s or Doctor’s degree) or second-level professional higher education diploma in law. While, in order to work as a Lawyer, it is necessary to have a higher academic education diploma (Bachelor’s, Master’s or Doctor’s degree) or first-level professional higher education diploma in law.
The Ministry of Justice of the Slovak Republic is the superior authority for the Corps of Prison and Court Guard.
What is the main role of Public prosecutors in the functioning of prisons?The prosecutor ensures the surveillance over maintaining the legality in individual prisons, ie so that the persons were held or placed in prisons only on the basis of the court decision and so that laws and other generally binding legal regulations were respected in prisons.
Are prisons subject to Public prosecutors hierarchically in local scope?The local scope is established. However, the prisons are not hierarchically subordinated to the public prosecution´s office.
What is duty of public prosecutors in the context of prison? Public prosecutor is an "inspection" or "monitoring" mechanism? If so, in which context (human rights, financial issues, human resources, management, etc.) is it carried out?It is an inspection mechanism. The duties of the prosecutor in the prison context are following: - he shall review the justness of breaching the principles for placement of inmates; - he shall review the justness of the placement of inmates in a security regime unit (ie the unit, to which the inmates who violate the prison rules, endanger life, the health of themselves or others, or who are being prosecuted are placed); - he shall propose to the court the restrictions on the prison sentence execution if the inmate is being prosecuted; - he may propose the change of method of the prison sentence execution by transferring the inmate into another guarding level; - he shall perform supervision in the case of suicide or death of the inmate; - he may order that the inmate must be immediately released if he finds out that such person is held in pre-trial detention or prison sentence unlawfully without the court decision or in the contrary with the court decision; - he may annul the decision or suspend the enforcement of the decision, order or measure of the competent bodies of the prison in case they are in contrary with the law or other generally binding legal regulation.
Do the Public prosecutors take part in parole board for "good conduct/good behaviour" decisions/detections?In Slovakia, the parole boards for the purposes of release of the inmates are not carried out.
Is there any staff in prisons with the title "Prison Jurist"? Which qualifications are required to employ "Prison Jurist" and what is their job description?No in relation to the provision of legal assistance to inmates.
Scottish Government Justice Directorate
What is the main role of Public prosecutors in the functioning of prisons?None. [Apart from the prosecution of accused who are brought before the Scottish Courts and who may potentially receive a custodial sentence if found guilty].
Are prisons subject to Public prosecutors hierarchically in local scope?No
What is duty of public prosecutors in the context of prison? Public prosecutor is an "inspection" or "monitoring" mechanism? If so, in which context (human rights, financial issues, human resources, management, etc.) is it carried out?None. [Her Majesty's Inspectorate of Prisons Scotland is responsible for inspection and monitoring].
Do the Public prosecutors take part in parole board for "good conduct/good behaviour" decisions/detections?No
Is there any staff in prisons with the title "Prison Jurist"? Which qualifications are required to employ "Prison Jurist" and what is their job description?No
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