TA to the RA Ministry of Justice on penitentiary system reforms, including the establishment of a Probation Service

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This project is funded by
the European Union FIRST DRAFT STRATEGY PAPER
DRAFT
Strategy paper for the establishment of Probation Service in Republic of
Armenia
Prepared by:
Daniel Stoyanov – Team Leader and Legal Expert
Table of content:
Introduction
Background and Context
Legal and organizational aspect of probation concept
Achievements, challenges, assumptions & risks
Specific questions
Strategy for the establishment of Probation service in Republic of Armenia
Strategic objectives
Action plan and indicative timetable
List of Annexes
List of References
“This document was prepared with the financial assistance of the European Union. The views
expressed in this report are those of the consultants and do not necessarily reflect those of the European Union.”
REPUBLIC OF ARMENIA MINISTRY OF JUSTICE
TA to the RA Ministry of Justice on penitentiary system reforms,
including the establishment of a Probation Service

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Introduction
The Ministry of Justice of the Republic of Armenia (MoJ) approached the Delegation of the
European Union in the Republic of Armenia with the project Technical Assistance to the MoJ
of the Republic of Armenia on Penitentiary System reforms, including the establishment of a
Probation Service (in further EC TA Project).
The EC TA project’s global objective is to contribute and support the reform of the
Penitentiary System. The specific objective is the elaboration of a Strategy Paper for the
establishment of Probation Service in the Republic of Armenia according to current EU best
practices, a three year action plan and a three-year indicative timetable.
1. Background and Context
1.1. Background
The State bodies involved in the execution of the penal policy in the Republic of Armenia
have agreed that the enforcement of punishment for specific types of crimes, committed by
individuals not posing a threat to society needs to be reconsidered. The absence of a
comprehensive strategy for rehabilitation of prisoners and people serving alternative
sentences, as well as lack of a sound follow-up program for released prisoners was also
recognized. In this regard, the MoJ has included the establishment of a probation service
under its supervision as one of its priority to reform the penitentiary system.
In April 2012, the MoJ asked its European Union Advisory Group, long-term policy advisor
to prepare a policy paper, which would describe the state of play of European Union best
practices in the field of probation.
In June 2012, the President of the Republic of Armenia approved the 2012-2016 Strategic
Programme for Legal and Judicial Reforms in the Republic of Armenia and the List of
measures deriving from the Programme with an executive order.
Part four of the Strategic programme on “Enhancing the Effectiveness of the Criminal Justice
and the Criminal Punishment System” clearly provides in its section 4.3 for “Establishing a
probation service independent and separate from the penitentiary service under the
Ministry of Justice of the Republic of Armenia”.
The Strategic programme also shall entrust probation services with important new task during
the different stages of Criminal procedure - the submission of a conclusion on the social and
psychological characteristics of the person (social inquiry report). The social inquiry report
shall be also submitted to the independent commissions in regard of early conditional release
or of a substitution of the unserved part of the sentence with a mitigated punishment. This will
promote more precise decisions rendered by the Court.

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The probation as a mechanism of correction and reintegration of offenders will be introduced
in the forthcoming Criminal Code of the Republic of Armenia. At the same time there is a
strong need for applying effectively measures for fight against the high rates of reconviction.
It is also envisaged that the forthcoming Criminal Code of the Republic of Armenia shall
extend the possibility of imposing community service as a punishment. It shall provide for the
community service as a punishment in the sanctions defined by the articles of the Special Part
of the Criminal Code, as well as widen the possibility to impose the community service when
substituting the unserved part of the sentence with a mitigated punishment, making it possible
to apply this institute to persons sentenced to graver punishments.
The Probation service shall be authorized with the execution of non custodial sentences. It
shall supervise adult and juvenile convicts and offenders, including those released
conditionally from prison. Probation service has to meet the expectations of the national
courts and the society for efficient implementation of the non custodial sanctions and
measures and the effective supervision in practice of the execution of these alternatives.
Probation activities intend to restore social justice, to correct the offender, to reduce level of
crime and to increase public safety.
Non-governmental organisations and volunteers, granted with powers of the probation
service, also must be involved in the activities of the probation service. The possibility of
such a regulatory arrangement is provided for by points 16 and 19 of the United Nations
Standard minimum rules for non custodial measures adopted in 1990.
1.2. Context
A national strategy on the establishment of a Probation Service that takes account of the
socio-cultural situation and national peculiarities of the Republic of Armenia is needed to
ensure the newly established Probation Service shall be able to meet the above mentioned
expectations of national courts and Armenian society and to guarantee that Probation Service
shall perform its main functions and tasks in accordance with the international legal
instruments and standards.
Most important of these instruments are The United Nations Standard Minimum Rules for
Non-custodial Measures (The Tokyo Rules), The United Nations Rules on the Supervision of
Young Offenders, (The Beijing Rules), Recommendation № CM/Rec (2010) 1 of the
Committee of Ministers to member states on the Council of Europe Probation Rules and
Recommendation № R (97) 12 on staff concerned with the implementation of sanctions or
measures.
An increased use of alternatives to imprisonment has proven to reduce overcrowding in
prisons and the negative effects of imprisonment. Time spend in custodial institutions creates
conditions for non dangerous offenders to make criminal contacts, to learn new criminal

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techniques and to plan new criminal activities. In short, criminal identities are reinforced.
Meanwhile imprisonment is an extremely expensive sanction to manage. For these reasons
prison should be reserved as a place of last resort, namely, when the offence is so grave
and/or the offender is so dangerous that no other sanctions can be used to prevent community.
Sanctions and measures that do not imply imprisonment may be imposed over large number
of offenders who have committed a non-grave and medium gravity crime, who are not violent
or likely to cause serious harm in the community. Moreover when used in sufficient numbers
these sanctions are cost-effective alternatives to deprivation of liberty in custody.
In this respect the establishment of Probation service that will effectively perform the above
mentioned tasks and activities is essential for the Republic of Armenia.
2. Legal and organizational aspect of probation concept
2.1. The legal aspect of probation concept
It is not possible to give simple definition of probation. It should be noted that each country
has developed the concept of probation reflecting its own legal traditions, socio-cultural
background and national peculiarities.
The word ‘probation’ derives from Latin word ‘probatio’ which means ‘inspection,
examination’ and comes from the verb “probare” – “to test’.
Recommendation № CM/Rec (2010) 1 of the Committee of Ministers to member states on the
Council of Europe Probation Rules gives the following definition of probation:
 Probation relates to the implementation in the community of sanctions and
measures defined by law and imposed on an offender. It includes a range of activities
and interventions, which involve supervision, guidance and assistance aiming at the
social inclusion of an offender, as well as at contributing to community safety.
 Community sanctions and measures are defined as sanctions and measures which
maintain offenders in the community and involve some restrictions on their liberty
through the imposition of conditions and/or obligations.
The term “probation” widely and internationally stands for the supervision of offenders in the
community and to the administrative body (probation agency or probation service)
responsible for this work. The supervision in the community is imposed under certain
conditions: if people offend again or fail to comply with specified conditions, they may be
taken back to court and be liable for punishment. The supervision involves not only control,
but also guidance and support to the offender aimed at his/hers social inclusion and thus
having as a result crime prevention and better community safety.

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Probation activities include: control and monitoring of the offender’s behaviour in
combination with correctional treatment and support in order to find solutions of personal and
social offender’s problems. For this reason the probation services are seen as ‘social services
within the penal system’.
Probation activities intend to reintegrate the offender within the local community, in order to
prevent re-offending and by that to protect the community and its members.
The legal grounds of the “probation concept” are set in the country’s Criminal Justice
Legislation framework and include:
1. The alternative/noncustodial sanctions stipulated in the Criminal code – as basic or
supplementary punishments;
The broadest definition for alternative sanction is “a sanction, other than a custodial
sentence, a measure involving deprivation of liberty or a financial penalty, imposing
an obligation or instruction.
2. The noncustodial measures stipulated in the Criminal code as
duties/requirements/obligations imposed over the convict and executed in the
community;
These are not sanctions on their own rights but are attached to the main sentence.
Noncustodial measures can stand alone or can be combined. Noncustodial measures
include obligations and instructions imposed by a Court over the convict in
connection with a suspended sentence, a conditional sentence or a conditional
release from prison.
3. Preventive measures stipulated in Criminal Procedure Code that are enforced in pre-
trial stage and are executed in the community;
4. Type of the competent body (judicial or administrative) that has the authority to
impose alternative sanction or noncustodial measure and type of the sentence –
suspended sentence, conditional sentence or conditional release from prison;
The definition of a state “probation system” is a combination of:
1. The Criminal Justice framework – the sanctions and measures that are imposed by a
court in the different stages of criminal justice procedure and are executed in the
community;
2. The concept for offender’s rehabilitation - all carried activities aimed to correct the
behaviour of the person and prevent him from committing new crime;

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3. The administrative concept – the structures and bodies (private or public) involved in
the execution of the community sanctions and measures and that have rehabilitation
responsibilities.
The European countries with Roman legislative traditions stipulate the sanctioning system
relevant to probation activities in the Criminal Code.
The Anglo-Saxon countries elaborate their sanctioning system by Criminal Justice Acts
(Ireland, England and Wales).
Countries with Roman traditions use suspended sentences as a means of probation or as
additional elements added to alternative sanctions or punishments. Bulgaria is an exception to
this rule - the penal code defines probation as a penalty replacing imprisonment for up to three
years – conditional sentencing.
Countries with an Anglo-Saxon tradition use probation as an order (Ireland, Malta, Scotland,
England and Wales, Kosovo).
The obligation of the probation service to deliver pre-sentence reports to the Courts is
described in the Criminal Procedure Code or Probation Law Acts.
Functional and organizational aspects of the probation systems are provided in different acts
such as:
 the Enforcement Law (Bulgaria, Denmark, Lithuania, Norway and Spain);
 Special probation laws or Decrees (the Czech Republic, Catalonia, Austria, Estonia,
France, Latvia, Romania, England and Wales, etc.).
In terms of concrete probation activities or daily practice, most of the countries use:
 Circulars (Denmark, Romania);
 Standards (the Czech Republic, Estonia) or
 Instructions (Catalonia, Spain) or ministerial orders (Estonia, Bulgaria and Latvia).
2.2. The organizational aspect of probation concept
2.2.1. The origin of probation work and probation services
The first probation services as organized institutions providing help to prisoners and ex-
offenders emerged as private organizations.
 In the Netherlands “The Society for the Moral Improvement of Prisoners” emerged
in 1823;
 In France “Clubs” and “societies” with a Christian charitable background were
officially allowed to work with criminals, both during and after their detainment in

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 the second half of the 19th century. In 1885 they became independent and received
state funding by Governmental Act.
 In Denmark, private organizations assist released prisoners since 1843. From 1905
those organizations start to perform probation work with offenders released on
specific conditions.
 In Finland, private organizations financed by Christian charities were already
working in prisons in 1870.
England is the first country that introduced probation service as on organized structure,
involved in the execution of the community sanctions and measures with rehabilitation
responsibilities.
The process started when the Church of England Temperance Society (CETS) appointed the
first “police court missionary” in 1876. By 1906 there were 124 missionaries including 19
women. The “police court missionaries” were acting as “missionaries in their own land”
assisting the offenders to divert away from the evils of drink by helping them to find work
and a place to live.
The 1907 Probation of Offenders Act turned this voluntary work into a statutory
responsibility. The Act stated the duty of Probation officers - to “advise, assist and befriend”,
introduced the probation order and enabled courts to release offenders on probation. Within
one year of the Act 763 probation officers were appointed and 570 probation orders had been
made.
The first forms of probation activity emerged from charitable organizations and volunteers
offer support to prisoners during and after their detention.
2.2.2. The development of probation services in Europe
Today probation services as organized structures are established in 26 countries, members of
the European Union. Only Slovenia hasn’t yet developed separate probation service. There,
appointed by the Court consultant exercises supervision of the offender in case of suspended
sentence or conditional release from prison.
In the last decade probation services were established in Romania 2002, Hungry and Kosovo
2003, Bulgaria, Latvia and Georgia 2005, Greece, Lithuania and Moldova 2007. Estonia
established in 1998 its own probation service but from 2008 the probation system has been
united with the system of prisons and currently the four regional probation departments are in
the structure of the three regional prisons. Most recently probation services were established
in Albania and Croatia in 2009. FYR of Macedonia, Serbia, Russia, Ukraine and Kazakhstan
also take actions to create a probation service.

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It is very important to underline that there is no fixed model for establishing of probation
system and probation service. Every country develops in its own way the probation system
and probation services, according to its country size, legal traditions, context, financial
resources, social and cultural situation, public support and understanding of the need for
social inclusion of convicts and ex-offenders.
2.2.2.1. Most common features of probation services in Europe
Administrative status of the probation agencies:
Probation services are centralized national structures under the authority of the Ministry of
Justice.
They are organized as a department or national agency (17 countries) or the probation service
is part of the Department of the Prisons Administration under the authority of the Ministry of
Justice (13 countries).
Exceptions are:
 Luxembourg - The Central Service of Social Assistance (SCAS) forms part of the
prosecution service run by the Attorney General under the authority of the Minister
of Justice.
 Scotland - the probation activities are delivered by local authorities through social
services;
The typical structure of the probation services consist of a central administrative body
(Department or Agency), regional coordinating and controlling unit (District office) and local
executive bodies (Probation offices).
There are countries where the Law provides for the establishment at central or local probation
services independent, inter-agency consultative bodies. These consultative bodies consist of
representatives from the probation service, local authorities, social and employment state
services, judges, prosecutors, local employers, experts, NGOs representatives.
The regional and local structure of the probation services mainly follows the structure of the
court system, the police system (Denmark) or both the court and the prison systems (France,
Belgium, Italy).
The probation services treat juvenile offenders in different way than adult offenders. In this
regard they either have specialized divisions within the probation service or have at local
level specialized staff dedicated to probation work with juveniles.
Staff:
European probation officers are exclusively civil servants and the procedure for recruitment
and selection complies with the rules for this staff category.

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Probation services have three categories of staff: management staff, probation officers and
administrative staff. Management staff is recruited from the senior probation staff. There are
less people employed as administrative or supportive staff than as probation staff.
In terms of necessary qualification, probation officers are required to hold a bachelor’s degree
or other diploma in social work, social pedagogy, psychology or law. Necessary prior
working experience is not obligatory.
Training:
After employment, new civil servants follow an initial training from two up to six weeks in
order to get acquainted with the procedures and specific activities they will undertake.
The initial training is followed by one year of supervised practice or mentoring in order to
ensure that the new probation officer performs his tasks adequately.
In addition to the initial training probation services offer their staff with in-service training on
special or new topics (drugs and alcohol addicts’ treatment programs, stress management,
electronic monitoring, risk assessment tools, community service). Some of these courses are
taught in Ministry of Justice or Prison Department institutes or by universities, in the form of
post-graduate or master’s programs.
Workload
A probation officer’s workload varies - depending on the geographical distribution of clients,
judicial practice, season of the year from between 35-50 clients up to 100-120 clients. In
practice, probation officers often deal with far more clients than the figures mentioned.
Scope of probation work:
Nowadays probation services apart from having the authority to execute community sanctions
and measures have also the power to enforce and supervise measures of restraints as
alternatives to detention in the pre-trial stage of criminal procedure such as taking under
supervision, an obligation not to leave the place of permanent residence and house arrest,
combined with electronic monitoring. Probation services work with prisoners. They supervise
and work with juvenile and adult convicts and conditionally released prisoners. The European
probation services deliver full range of probation work: prepare and submit pre-sentence and
social enquiry reports, deal with mediation (Czech Republic, Hungry, Latvia), provide
support to victims of crimes and voluntary after care following the term of custodial
sanctions. Except the professionally trained staff, volunteers are involved in probation work in
the vast majority of European countries.
2.2.2.2. Tendency for the development of probation services in Europe
The current trend of developments in probation services in Europe is focused on the new
technologies in electronic monitoring such as GPS (Global Positioning System) and GSM
(Global System for Mobile Communications) to monitor the compliance with other probation

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requirements such as for example to monitor alcohol and drugs prohibitions, restrictions of
movements and even electronic monitoring to be used as a ‘freestanding’ requirement for
suitable offenders.
The consultation process on the effectiveness of community sentences in England and Wales
initiated by the Ministry of Justice of UK in the first half of this year explored the possibility
for developing an Intensive Community Punishment which shall include a tough combination
of:
 Community Payback,
 Significant restrictions on liberty through an electronically monitored curfew,
exclusion, and a foreign travel ban;
 A driving ban; and
 A fine
3. Achievements, challenges, assumptions & risks
3.1. Achievements:
Since the late 90s the Republic of Armenia has undertaken a range of on-going judicial
reforms, including a reform of the penitentiary system. These reforms were further deepened
in 2001, when Armenia became a member of the Council of Europe.
During the last decade, the penitentiary system has undergone deep structural and ideological
changes, mainly in terms of its demilitarization. As a result considerable progress was
achieved:
 More than 70 normative legal acts regulating the penitentiary field were elaborated and
enforced;
 A Concept Paper on Penitentiary Infrastructure Reforms was elaborated and agreed
upon by the Government in 2009.
 The basics of training for penitentiary servants was established (it is envisaged to have
educational manuals for the servants in different fields, such as security measures, socio-
psychological measures, HR issues, registration, probation, etc.);
 Alternative sentence serving units were established but further efforts are still needed to
introduce the strategic changes, particularly to include the probation aspect;
 The establishment of the “Support to the Prisoner” Foundation served as a tool to tackle
the employment issue of the prisoners (in-custody, during the municipal works, and after
the term of imprisonment is served);
 The healthcare reform within the system was reconsidered, although it still needs further
development.

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However, all these reforms did not cover the whole palette of existing problems and at present
they do not ensure the long term sustainability of the system. The correction and rehabilitation
treatment of prisoners and in particular alternative measures of custodial punishment, the
most significant areas in the sentence-executing system, still need urgent solutions.
At present, no separate probation service exists in the Republic of Armenia. A number of
powers typical to the latter are exercised either by the Subdivision for Execution of
Noncustodial Sentences of the Penitentiary Service or by the subdivisions carrying out social,
psychological and legal activities.
The Subdivision for Execution of Noncustodial Sentences of the Penitentiary Service is
entitled with a supervision role, but has no rehabilitative responsibilities.
In the penitentiary institutions of the MoJ of the Republic of Armenia, the social and
psychological activities are organized and provided by the Social and Psychological division
or the Social and Psychological group of the given institution.
During the course of serving punishment not related to deprivation of liberty the social and
psychological activities are implemented by the regional bodies of the Penitentiary Service
and those are the penitentiary-executive inspectorates.
3.2. Currently the main challenges are:
 The absence of a complete and clear strategy and criteria, based upon which the
corrective/rehabilitation works should be carried out;
 Lack of concrete instruments for the assessment of the system in general and
identification of the existing problems and gaps;
 Lack of comprehensive legal regulations covering the probation period and provision of
social, psychological, and legal services;
 Absence of mechanisms for selection and training of the personnel, particularly highly
qualified specialists such as psychologists and social workers;
 Absence of system to provide opportunities and guarantees to the prisoners for future
reintegration into the society after they are released.
 Weak cooperation between the state, local self-government and other interlocutors, such
as the Police, the State Employment Service, the Ministry of Labour and Social Affairs,
the Ministry of Health, private employment agencies, interested NGOs, employers, etc.
3.3. Assumptions & Risks
3.3.1. Assumptions underlying the successful implementation of the Strategy Paper and the
Action Plan:

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 The Presidential elections in 2013 will not change the commitment to reforms
undertaken in the adopted 2012-2016 Strategic Programme for Legal and Judicial
Reforms in the Republic of Armenia;
 The MoJ is committed to implement the Strategy Paper and the Action Plan for
establishment of the Probation Service to continue the reform of the penitentiary system;
 The new Strategy and Action plan for the establishment of Probation service in Republic
of Armenia will be adopted latest at the end of January 2013;
 Applicable punishments as an alternative sanction to imprisonment and the possibility of
imposing the main punishments in combination will be introduced in the forthcoming
Criminal Code of the Republic of Armenia;
 The probation as a mechanism of correction and reintegration of offenders will be
introduced in the forthcoming Criminal Code of the Republic of Armenia;
 Availability of funds for the establishments of the Probation service in accordance with
the Action plan are secured through donor coordination;
 Qualified staff is recruited and trained prior the final establishment of probation service
in Republic of Armenia.
3.3.2. Main risks identified and associated with the implementation of the Strategy Paper and
Action Plan are:
 Lack of political will for the implementation of the Penitentiary system reform;
 Delay in the drafting and the adoption of the legal act and related by-laws regulating the
activities of the Probation service and relevant amendments in Criminal Code, Criminal
Procedure Code and Penitentiary Code;
 Lack of necessary financial and material resources for the establishment of the Probation
service;
 Delay in the implementation of activities foreseen in the Action Plan;
 Lack of understanding in the general public about the crime prevention functions and the
rehabilitative responsibilities of the Probation service;
 Lack of cooperation and support from the public bodies, local authorities and non-
government organizations that has important role for the establishment of effective
Probation service;
 Lack of qualified and well trained staff able to perform the probation activities
prescribed by the legal framework.

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4. Specific questions:
The Strategy is based on the internationally accepted development models, taking into
account also the socio-cultural situation and specificities of Republic of Armenia.
The organizational structure of probation service differs from country to country. There isn’t
any fixed model for establishing of probation system and probation service. Every country
develops in its own way the probation system and probation services, according to its country
size, legal traditions, context, financial resources, social and cultural situation, public support
and understanding of the need for social inclusion of convicts and ex-offenders.
Distinction between adult and juvenile offenders
Article 24 of Criminal Code of Republic of Armenia defines the age at which a person is
subject to criminal liability as follows:
1. The person who reached the age of 16 before the committal of the crime is subject to
criminal liability.
2. The persons who reached the age of 14 before the committal of the crime are subject to
criminal liability for certain types of crimes.
Therefore persons between age of 14 and 16 are also subject to criminal liability. They might
be exempt from criminal liability by application of enforced disciplinary measures if they met
the conditions, stipulated in Article 91 of Criminal Code.
However the group of persons between age of 14 and 18 who have committed crime has
special features of behaviour and particular needs. They also haven’t reached the “age of
majority”. In this regard persons between 14 and 18 years old can’t be subject to the same
correctional treatment by probation officers as persons who have reached the age of 18.
For the purpose of the strategy juvenile offenders are defined as persons between age of 14
and 18. The adult offenders are defined as persons who have reached the “age of majority” of
18.
Commissioning the tasks of Probation service during the implementation period to the
Subdivision for Execution of Noncustodial Sentences
It is proposed the Subdivision for Execution of Noncustodial Sentences (acting under
authority of Penitentiary department) to be transferred under the authority of Probation
Service of Republic of Armenia and to be the basis for formation of the Probation service.
This division should continue to implement the functions of the former Subdivision for
Execution of Noncustodial Sentences (SENS) until the final establishment of the Probation
Service. The new Law on Probation service of Republic of Armenia shall commission the
tasks of the Probation service for a defined period to the SENS.

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5. Strategy for the establishment of Probation service in Republic of
Armenia
5.1. Goal:
The strategy aims to assist the Ministry of Justice of Republic of Armenia to establish under
its authority an independent Probation Service separate from Penitentiary service as stipulated
in section 4.3 of the Strategic programme on “Enhancing the Effectiveness of the Criminal
Justice and the Criminal Punishment System”.
5.2. Vision for the future established Probation service of Republic of Armenia:
The Probation Service of Republic of Armenia shall (here and after PSRA or Probation
Service) be up to date equipped state criminal justice agency.
The Probation service shall be capable to meet the expectations of national courts and the
society for effective execution of noncustodial sanctions and measures, measures of restraints
as alternatives to detention in the pre-trial stage of criminal procedure, including the
electronic monitoring.1
Probation Service shall be authorized to enforce the following non custodial sanctions
imposed by the courts according to the current Criminal Code of Republic of Armenia2
:
 Fine;
 Deprivation of the right to engage in certain activities;
 Deprivation of the right to hold certain positions;
 Execution and supervision of public work;
 Supervision of sentenced person while serving conditional sentence;
 Supervision of conditionally released (paroled) prisoners;
 Supervision of postponed execution of sentence (for pregnant woman or who has a
child under the age of three).3
Through effective supervision and social rehabilitation of sentenced offenders in the
community, Probation Service shall protect the public and make society safer by reducing
reoffending.
1
See Table 1 for the Noncustodial measures provided in the current Criminal Justice Legislation framework of
the Republic of Armenia in the different stage of criminal procedure;
2
See Annex 1 for The legal concept of the alternative sanctions and measures according to the Criminal Justice
legislation of Republic of Armenia in force;
3
See Annex 2 for Vision for the future legal concept of the alternative sanctions and measures in Criminal Code
of Republic of Armenia;

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By means of preparation and delivering of social-enquiry, pre-sentence and evaluation
reports, probation officers shall provide courts and independent commissions with
information about offender’s personality and behaviour.
Probation officers shall be professionally trained specialists who shall work to change
juveniles’ and adult offenders’ criminal behaviour based on his/hers risks and needs
assessment. Probation officers shall implement effective programmes for supervising and
rehabilitating sentenced offenders in the community. The probation officers shall support the
offender to find solutions of personal and social problems.
In close cooperation with prisons, probation officers shall provide assistance and correctional
treatment programs to prisoners during the current phase of custodial sentence and before
prisoners’ release.
Probation officers shall exercise the supervision over conditionally released from prisons
(paroled) offenders when courts exempt their punishment on parole and shall be responsible
for the implementation of correctional measures as imposed by the court.4
5.3. Concept for the organizational development of Probation Service of Republic of
Armenia at central level
The organization and activities of the PSRA shall be regulated by Constitution of the
Republic of Armenia, International Agreements, Law of Probation Service of Republic of
Armenia, Criminal Code of Republic of Armenia, Criminal Procedural Code of Republic of
Armenia, Penitentiary Code of Republic of Armenia as well as internal Regulations of the
Probation Service.
The Probation Service’s activity shall be based on the principles of the Rule of Law, the
principles for respect of human rights and dignity, social justice, humanism, openness,
integrity and internal management control.
The PSRA shall be independent special civil service agency under the jurisdiction of the
Ministry of Justice of Republic of Armenia. The staff of PSRA and local Marz Probation
Offices shall be with special statute - special civil servants in means of salary and social
benefits but without wearing uniforms and ranks.
Probation Service aims shall be the execution of noncustodial sanctions and measures,
prevention of reoffending and successful reintegration of sentenced person into society.
The task of the Probation Service shall be the overall coordination and control of the
procedure of execution of noncustodial sanctions and measures and employees’ activity,
organizational and methodical management, elaboration and adoption of internal regulations
4
See Table 2 for the Main tasks of probation officers of the newly established Probation service;

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and rules, recruitment of staff of the probation service, organization of in-service training in
order to increase professional qualification of staff.
Probation Service shall be organized in two levels, the Central Office of Probation Service in
Yerevan and 16 Marz Probation Offices in the regions of Republic of Armenia, according to
the territorial distribution of the structures of the Courts of First Instance of General
Jurisdiction.
Probation Service shall be managed by the Head of the service appointed and dismissed from
his/hers position by the Minister of Justice of Republic of Armenia. The Head of the
Probation Service shall have two Deputy Heads, appointed and dismissed from their positions
by the Minister of Justice upon proposal of the Head of the Probation Service.5
The Head of PSRA shall be directly responsible for the activities carried out by the Martz
Probation Offices and the divisions within department, together with two Deputies - one with
the responsibility of the Division for Enforcement of Noncustodial Sentences and Preventive
Measures and the other with the responsibility of the Division for Rehabilitation and
Resettlement Activities.6
Four units shall be under the direct authority of the Head of PSRA:
 Legal and Human Resources Unit;
 Finance and Procurement Unit;
 Information Technology and System Automation Unit;
 Public Awareness and Media coordination Unit;
The Division for Enforcement of Noncustodial Sentences and Preventive Measures shall have
three separate units:
 Electronic Monitoring Implementation Unit;
 Execution of Noncustodial Preventive Measures Implementation Unit;
 Execution of Noncustodial Sentences Implementation Unit.
The Division for Rehabilitation and Resettlement Activities shall also have three separate
units:
 Probation Programs in Community and Prisons and Voluntary Aftercare
Implementation Unit;
5
See Chart 1 Organizational structure of Probation Service of Republic of Armenia at central level;
6
See Annex 3 Concept for the organization and the structure of the Probation Service of Republic of Armenia
(PSRA) at central level;

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 Juvenile Care and Noncustodial Measures Implementation Unit;
 Mediation and Victim Support Unit.
For ensuring the cooperation with public and private institutions an independent advisory
body PROBATION SERVICE ADVISORY COUNCIL chaired by the Head of the PSRA
shall be created.
Probation Service Advisory Council (PSAC) shall have members from Judiciary, Prosecutors’
Office, Police, Penitentiary Service, Ministry of Healthcare, Ministry of Labour and Social
affairs, Ministry of Education and Science, Ministry of Sport and Youth affairs,
representatives of NGOs active in the field of social inclusion services. The members of the
Probation Service Advisory Council will not receive salaries as they will work at other public
or private institutions.
The PSAC shall have as main functions:
 Coordination between various institutions in regard to the implementation of Probation
Activities;
 Solving various problems the Probation Service may face in communication with other
stakeholders and in unifying practice.
5.4. Concept for the organizational development of Probation Service of Republic of
Armenia at local level
There are 16 First instance Courts of General jurisdiction in Republic of Armenia. There are
16 regional structures of Penitentiary Service - regional criminal-executive inspections
responsible for the execution of noncustodial sentences and social and psychological work
with convicts that follows the same territorial model. There are 12 prisons in the country and
two mental health civil Clinique.
Among the main tasks of the Probation Offices shall be the preparation and submission of
pre-sentence and social enquiry reports to the First Instance Courts. Other main tasks of
Probation Offices shall be the collaboration with prisons and implementation of social
rehabilitation activities during the current and preparatory phase of the offender’s execution
of custodial sentence.
Therefore 16 local Marz Probation Offices should be established, following the territorial
distribution of the structures of the Courts of First Instance of General Jurisdiction. The
Probation Offices shall be set up near the premises of each regional (Marz) court and shall
serve the territory of the respective Marz.7
7
See Chart 2 Territorial distribution of local Probation Offices;

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A Local Probation Council shall be established under each local Probation office8
. It will be
chaired by the Director of Marz Probation Office and shall include representatives of the
Court, regional Prosecutors’ office, local community, "State Employment Service" Agency,
State Social Insurance Service, juvenile institutions, non-governmental organizations. Where
prisons exist in the territory of the community or Marz, the Probation council shall include
one representative of the respective prison or prisons.
Main functions of the local Probation Council shall be:
 coordination and cooperation with local institutions;
 involvement of volunteers and non-governmental organizations in the work of
probation service;
 organization and provision of voluntary after care for ex-offenders;
 organization and implementation of different probation programs in community and in
prison/prisons;
 establishment of Daily Attendance Centres and control over the activities implemented
by the Centres – (optional);
 validation of proposals to the court for conditional release (if relevant amendments for
change in the procedure for conditional release from prison are passed);
The members of the Local Probation Council will not receive salaries as they will work at
other public or private institutions.
5.5. Staff:
The staff of PSRA shall be with special statute - Special Civil Servants in means of salary and
social benefits but without wearing uniforms and ranks.
In the Marz/Local Probation Offices the hierarchic structure shall be:
 Senior Probation Officer;
 Probation Officer;
 Junior Probation Officer.
The Junior Probation Officer shall be mentored by a Probation Officer for a period of one
year in order to ensure that the new employee performs his tasks adequately.
Indicative number of personal at the central level of PSRA by positions and Units:
Head of PSRA – 1
8
See Chart 3 Structure of the Marz Probation Office.

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Technical assistant to the Head of PSRA – 1
 Legal and Human Resources Unit - 2;
 Finance and Procurement Unit - 2;
 Information Technology and System Automation Unit - 1;
 Public Awareness and Media coordination Unit - 1;
Deputy Head of PSRA/Division for Enforcement of Noncustodial Sentences and Preventive
Measures – 1
 Electronic Monitoring Implementation Unit - 1;
 Execution of Noncustodial Preventive Measures Implementation Unit - 1;
 Execution of Noncustodial Sentences Implementation Unit – 1;
Deputy Head of PSRA/Probation Division for Rehabilitation and Resettlement Activities - 1
 Probation Programs in Community and Prisons and Voluntary Aftercare
Implementation Unit - 2;
 Juvenile Care and Noncustodial Measures Implementation Unit - 1;
 Mediation and Victim Support Unit – 1.
Total number of staff for central body - 17
Indicative number of staff of Local Probation Office:
The Marz Probation Office shall be managed by an individual with law degree and with at
least 3 years prior experience at senior management level.
Mandatory:
Director of the Marz Probation Office - 1
Technical assistant - 1
Probation Officers (including Junior Probation Officers) – min. 4 at local Probation Office –
max. - depending of the workload;
The maximum number of probation officers working with probation clients in the community
shall depend on average workload of probation cases. A Probation officer can supervise
minimum 30 and maximum up to 50 probation cases.
Where prisons exist in the territory of the community or Marz the number of probation
officers carrying probation activities in prison shall be defined as follows:

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One probation officer shall carry social work (behavioural correction treatment programmes,
evaluation reports, preparatory work for life at freedom) with minimum 100 prisoners and
maximum 120 prisoners.
Probation officer, specialized to work with Juveniles - 1
Optional:
Probation Officer specialized in Mediation and Victim Support – 1
It is important to note there shouldn’t be any division in the main tasks of the probation
officers. The probation officer who has special skills to work with juveniles shall supervise
juveniles but according to the average workload shall supervise also adult convicts. The
probations officers that shall work with prisoners shall supervise and work with offenders in
community.
The main assumption is that in the first 2 years of functioning of the Probation service the
average number of cases that have to be supervised by probation officers shall vary between
1500 and 2000 per year.
Taking into account the average workload of 30 up to 50 managed cases by a probation
officer in the community the average number of probation officer shall vary from 40 up to 66
servants.
Taking the average workload of 100 up to 120 managed cases of prisoners the total number of
probation officers is estimated from 36 up to 40 people.
Thus the total number of probation officers in the Local Marz Probation Offices is estimated
to vary between 76 up to 106 people.
Estimation of total number of probation staff:
At central level – 17;
At Local Level:
 Directors of Probation Office – 16;
 Technical Assistants – 16
 Probation officers, specialized to work with juveniles - 16
 Probation Officers – 76 to 106
Thus the minimum number of total staff is envisaged to be – 141 servants;
The maximum number of total staff is envisaged to be – 205 servants.

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5.6. Training of Staff:
Initial professional training of the probation staff and the administration shall be organized
and held by the Law Institute of the Ministry of Justice.
At the end of the implementation period of the Strategy and the Action plan for establishing
the Probation Service in Republic of Armenia is envisaged establishment of Probation and
Penitentiary Service Training Centre under the authority of Law Institute of the Ministry of
Justice. The centre shall organize and carry the initial and in-service training of the personnel
of the Probation Service, probation officers and voluntaries.
5.7. Financing:
Probation Service shall be financed from the state budget under the procedures established by
legislation of Republic of Armenia and shall be accountable on the purposeful application of
budgetary resources.
5.8. International donors and knowledge organizations:
Following international organizations and donors are supporting the development of the
criminal justice sector in Republic of Armenia with funds and international know-how:
European Commission through the instrument of European Neighbourhood Policy in the
Annual Action Programme 2012 for Armenia “Support for justice reform in Armenia – Phase
II” has provided a budget support for revision of the Criminal Code of Republic of Armenia
and the alternative punishments system and for the establishing of a new probation service
functioning under the supervision of the Ministry of Justice.
The Council of Europe in its Action Plan for Armenia 2012 – 2014 provides support for
improvement of the penal system of the Criminal Code and Penitentiary reform in the
Republic of Armenia including:
 Promotion of alternatives to pre-trial detention by amending relevant provisions in the
Criminal Procedure Code;
 Extension of the scope of community sanctions and measures and development of a
system of conditional release and parole;
 Provision of training for judges, prosecutors, lawyers and law enforcement officials on
the enforcement of the relevant amended and/or new legislation;
Improvement of the institutional capacity building of the probation service through:
 Development of pre-release reintegration programmes for the offenders;
 Development of a system of conditional release and restorative justice;
 Supply of technical equipment for the supervision of the enforcement of noncustodial
sentences, including the IT equipments and monitoring bracelets;

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 Renovation the premises of the regional probation centres and obtainment of the
necessary furniture and office equipment;
 Support for the establishment of a Training Centre for the training of prison and
probations staff;
 Development of curricula for initial and in-service training for prison and probation
staff;
OSCE might provide support for study visits of probation officers in European countries;
World Bank might provide support for training of judiciary personnel on the implementation
of the new community sanctions and measures;
The German Agency for International Cooperation (GIZ) provides in Armenia advice to the
Ministry of Justice with regard to the drafting of a new criminal procedure code and a new
regulatory offences act.
The European Organization for Probation (CEP) offers support in promoting probation at the
national level. CEP has a solid knowledge base of probation programmes, database of experts
and training consultants who are available to CEP member countries that wish to improve
their probation services. In addition CEP offers knowledge and support relating to project
funding opportunities.
The Armenian specialists have to take further ownership of these possibilities in order to
make that kind of assistance sustainable in long-term perspective.
6. Strategic objectives:
The successful start of Probation Service of Republic of Armenia and effective
implementation of community sanctions and measures strongly depends on preliminary
provision of relevant mechanisms for cooperation with Judiciary, Prosecution, Police,
Penitentiary Service, State Agencies and NGOs as well as on additional requirements like
modern office equipment and communication technologies and forming of positive public
attitude regarding the execution of community sanctions and measures.
The Strategy envisages Objectives, measures and activities linked to the preparation of the
legal basis and the structures needed for the functioning of the Probation Service and the
implementation of new community sanctions and measures, the enforcement of effective
working process, the conducting of relevant training, the involvement of civil society in the
implementation of reintegration functions of probation and establishment of close mutual
cooperation between Marz Probation Offices and relevant stakeholders at local level.
Objective 1 Creating the legal base for effective functioning of the Probation Service and
introducing new community sanctions and measures in Criminal Justice Legislation
Framework

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Measure 1.1. Development of the legal framework for effective functioning of the
Probation Service:
1.1.1. Adoption of Law on Probation Service:
1.1.1.1. Formation of a working group for drafting the law – the working group shall
be composed of experts in the field with relevant experience and knowledge.
1.1.1.2. Drafting the Law (including changes in other legal acts) – first draft of the law
shall be ready in three months. Relevant amendments shall be also proposed in
Penitentiary Code, Law on Civil Crevice etc., depending on the logic of the Law.
1.1.1.3. Public discussions of the draft – the draft shall be brought to public discussion
with involvement of as much as possible external stakeholders and interested parties in
order to have clear understanding of public perception and expert opinions.
1.1.1.4. Expert opinion on the draft – the draft shall be subject to external expert
review to check the compliance with international standards and rules.
1.1.1.5. Government discussion of the Draft – the draft shall be circulated to the
Government;
1.1.1.6. Submission of the Draft Law and relevant amendments to National Assembly
– after final approval by the Government the draft shall be submitted to the National
Assembly.
1.1.1.7. National Assembly discussion and final adoption of the Law and relevant
amendments to other legal acts – this may take up to two sessions.
1.1.2. Adaptation of the current regulatory sub-ordinary legal framework for establishing and
functioning of Probation Service in line with International and Council of Europe Standards.
1.1.2.1. Reviewing and redrafting (where necessary annulling) other legal acts
concerning establishment of the Probation service and execution of probation
activities.
Mainly this refers to following acts:
- Government decision N 1256-N, 24.08.2006 on approving the Charter of the
Penitentiary department of Ministry of Justice;
- Government decision N 1561-N, 26.10.2006 on approving the Rules of procedure of
the Sub Division of Execution of Non-custodial Sentences;
- Minister of Justice decision N 311-N, 18.12.2009 on approving the Rules of Procedure
of Structural Sub Divisions of the Penitentiary Department;

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- Minister of Justice decision N 44-N, 30.05.2008 on approving Rules of Procedure of
Structural Sub Divisions performing social, psychological and legal aid works with
pre-trial detainees and prisoners
Depending on the logic of the law there might be other legal acts to be developed or amended,
annulled.
1.1.2.2. Drafting and adopting the Rules of procedure of Probation Service;
1.1.2.3. Drafting and adopting of National Standards and Probation Service methodologies
meeting the Council of Europe standards and relating to each of the main tasks that the
probation service will execute:
 Preparation and delivery of Social Inquiry Reports; Pre-sentence reports; Evaluation
reports before the prisoners is proposed for conditional release or mitigation of
sentence with less strict one;
 Execution of Probation Supervision;
 Execution of Community service/Public works;
 Supervision with electronic tagging;
 Penal mediation between victim and offender;
 Supervision of conditionally released prisoners;
 Execution of drug-alcohol treatment programmes;
 Execution of correctional behaviour treatment programmes;
 Work of the probation officers in prisons;
1.1.2.4. Drafting and adopting Guidelines for the work of Probation Service Advisory Council
and Local Probation Councils;
1.1.2.5. Development and adoption of changes in Charter of MoJ – MoJ charter shall be
amended to reflect the new structure;
Measure 1.2. Development of the system of non-custodial sanction and measures in the
Criminal Justice Legislation Framework
1.2.1. Reviewing the system of community sanctions and measures in current Criminal Justice
Legislative Framework in line with the recommendations of the policy paper prepared by EU
Advisory group and the Opinion on the Armenian legislation related to non-custodial
sanctions and alternatives to pre-trial detention of Council of Europe and according to the
international standards regulating the implementation of community sanctions and measures;

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1.2.2. Preparing legislative changes for introducing probation in the system of sanctions of
Criminal code;
1.2.3. Reviewing the imposing of Public work as community sanction and preparing
legislative changes for its improvement in line with the recommendations of the Opinion on
the Armenian legislation related to non-custodial sanctions and alternatives to pre-trial
detention of Council of Europe;
1.2.4. Evaluating the possible use of supervision by electronic monitoring of convicts under
house arrest and offenders sentenced on probation which contains analyses of target groups,
resources and technical solutions;
1.2.5. Preparing legislative changes for introducing electronic monitoring, social inquiry, pre-
sentence and evaluation reports in Criminal Procedure Code;
1.2.6. Reviewing and evaluation of the drafts by external foreign experts.
Objective 2 Establishment of infrastructural framework of the Probation Service and
Marz/Local Probation Offices
Measure 2.1 Ensuring the material base according to the needs of Probation Service
2.1.1. Setting up the material base of Probation Service at central level and Local Probation
Offices according to their needs:
2.1.1.1. Evaluating the existing material base and the needs of Probation Service for
new premises and office equipment;
2.1.1.2. Conducting a feasibility study for the establishment of the Probation Service
in Republic of Armenia;
2.1.1.3. Renovating the premises at central and local level where the probation officers
will work;
2.1.1.4. Obtaining the necessary office equipment and means of transportation;
Measure 2.2 Provision of IT solutions and communication system
2.2.1. Developing of electronic database, which includes case record and data collection
system and establishing intranet communication system:
2.2.1.1. Developing the software of the electronic data base and intranet
communication system;
2.2.1.2. Piloting the developed software and intranet communication channels between
central and local levels of Probation service;

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2.2.1.3. Evaluation of the results from piloting of the software and adjusting it
according to the specific needs of the Probation Service;
2.2.1.4. Training of probation staff on the use of software application and intranet
communication system;
Objective 3: Establishment and capacity building of Probation and Penitentiary service
Training Centre at the Law Institute of the Ministry of Justice to provide initial and in-
service training of probation and penitentiary staff
Measure 3.1 Establishment of Probation and Penitentiary service Training Centre:
3.1.1. Developing the concept for establishment of Probation and Penitentiary Training Centre
of the Law Institute of the Ministry of Justice;
3.1.2. Setting up the Training Centre;
Measure 3.2 Capacity building of the Training Centre to provide initial and in-service
training of probation and penitentiary staff:
3.2.1. Recruiting of the staff responsible for development, organization and delivery of initial
and in-service training;
3.2.2. Establishing working contacts and signing partnerships agreements with other foreign
training institutions and international knowledge organizations such as The European
Organization for Probation (CEP);
Measure 3.3 Develop the system for initial and in-service professional training for the
officers of the probation service:
3.3.1. Developing a minimum set of training programs covering initial training of probation
officers on: Tasks and duties of probation officer; Risk and needs assessment; Individual
Sentence Planning; Interview techniques; Writing of social inquiry reports; Specialized
training program in social studies for probation officers working with juveniles; Specialized
training program on mediation and victim support.
3.3.2. Developing a minimum set of training programs covering the in-service training of
probation officers on: intensive probation supervision, electronic monitoring, working with
prisoners during the current and preparatory stage of the execution of sentence, delivering of
after care support.
3.3.3. Developing of correctional behavioural (improvement of basic social skills and
motivation for change) programs for persons sentenced on probation and in custody,
specialized programs for treatment of drug, alcohol and gamble addicts, treatment of violent
offenders (anger and stress management programs).

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Measure 3.4 Creation of training curriculum for the servants in the new Probation
Service and delivering trainings by short term experts:
3.4.1. Developing training curriculum for the new probation service using examples of best
practice from EU Member States and from associated disciplines of social work, psychology,
criminology and penal practice in the Republic of Armenia;
3.4.2. Considering how the training of probation and prison officers may be allied;
3.4.3. Designing a training program for the transition of the officers of the Subdivision for
Execution of Noncustodial Sentences to the role of probation officers in the newly established
Probation Service;
3.4.4. Designing training of trainers program for the management staff;
3.4.5. Training of trainers through use of short term experts of at least 16 members from the
staff of newly established Probation Service who shell become the future trainers of the staff
of Probation Service.
3.4.6. Training of the commissioned staff from the Subdivision for Execution of Noncustodial
Sentences;
3.4.7. Training of the newly recruited staff of Probation Service.
3.4.8. Training of judges on new amendments of Criminal and Criminal Procedures Codes.
Objective 4 Establishment of Probation Service of Republic of Armenia and Local
Probation Offices
Measure 4.1. Development the structure and organization of the Probation Service at
central and local level
4.1.1. Elaboration of the administrative structure of Probation service at central and local level
based on lessons learned from previous domestic experience regarding the establishment of
other administrative and judiciary structures;
4.1.2. Studying the international practice of human resource development of foreign Probation
Services;
4.1.3. Conducting needs assessment analyze for the staff necessary for effective functioning
of Probation Service;
4.1.4. Formulating standards required for entry and qualification as a probation officer;
4.1.5. Development of human resource strategy for recruitment of the staff of Probation
Service to ensure the selection and appointment at every level staff with various educational
backgrounds according to their professional experience;

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4.1.6. Recruitment through open competitions of the management staff of Head Quarters and
local probation offices and training of the newly recruited staff; (link with 3.4.5)
4.1.7. Pilot establishment of the Head Quarters of Probation Service and Local Probation
Offices;
4.1.7.1. Establishment of the Head Quarters of the Probation Service in Yerevan and
Marz/Local Probation Offices in Yerevan city and Vanadzor city;
4.1.7.2. Ensure the provision of premises and office equipment for the pilot model of
the Probation structures;
4.1.7.3. Recruitment and training of the first generation probation officers for the pilot
areas (link with 3.4.6. and 3.4.7.);
4.1.7.4. Piloting the drafting of social inquiry and pre-sentence reports for the judges
of one First Instance Courts of General Jurisdiction and the drafting of evaluation
reports for prisoners in one prison.
4.1.7.5. Conducting ongoing review and assessment of the pilots;
4.1.7.6. Shaping the issues emerged during piloting phase to prepare the Probation
service for its final implementation;
4.1.8. Elaboration and adoption of cooperation schemes and partnership agreements
regulating collaboration at central and local level between Probation Service and Penitentiary
Service, Municipalities, Police, Courts, MoH, MoSE, MoLSA and other bodies.
4.1.9. Establishment of Probation Service Advisory Council and Local Probation Councils;
4.1.10. Final recruitment through open competitions of new probation staff and initial training
of the staff;
4.1.11. Final formation of the administrative structures of Probation Service at central and
local level;
4.1.12. Establishing a unit for supervision of the Probation Service in the structure of
Inspection of the Ministry of Justice of Republic of Armenia;
Measure 4.2. Enhancement the capacity of the Probation Service and Marz/Local
Probation Offices to implement efficiently the new community sanctions and measures
and to rehabilitate offenders
4.2.1. Application by the Ministry of Justice of Republic of Armenia for memberships of the
European Organization for Probation (CEP);
4.2.2. Organizing and conducting study visits for the members of the intergovernmental
commission (Steering committee) and the working groups dealing with relevant legal

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changes, for at least 40 servants from the newly recruited staff of the Probation Service as
well as for the future trainers of probation officers;
4.2.3. Drafting, evaluating and adopting standards of probation officers average caseload that
takes into account the results from piloting projects, the functions of Probation Service and
the level of the risk of reconviction of sentenced offenders;
4.2.4. Developing the working methodology of probation officers:
4.2.4.1. Piloting and implementing the first generation Risk Needs Assessment tool in
the work of probation officers;
4.2.4.2. Developing, piloting and implementing a case management system in the
work of probation officers with the sentenced offenders;
4.2.5. Establishing Penitentiary Service – Probation Service link at central and local levels:
4.2.5.1. Holding of regular meetings with Penitentiary Service at central level and with
prisons at local level;
4.2.5.2. Participation of Probation officers in the preparation process for prisoners’
conditional release and mitigation of the sentence with less strict one;
4.2.5.3. Participation of Probation and prison officers in each others in-service
trainings.
4.2.6. Establishing conditions for supervision of the enforcement of noncustodial sentences
and preventive measure house arrest in combination with electronic monitoring:
4.2.6.1. Planning of the implementation of Electronic Monitoring and its piloting in
one Marz/Local Probation Office in Yerevan;
4.2.6.2. Installing and fitting of the electronic monitoring system for the pilot
including arrangement of infrastructure, development or purchase of relevant IT
software and bracelets;
4.2.6.3. Evaluating the results of the pilot and taking decision for further
implementation of Electronic monitoring system;
4.2.7. Involving voluntaries and NGOs in the work of Probation Offices through initiating and
conducting joint projects aimed at the rehabilitation of sentenced offenders in community and
prisons.
Objective 5 Building a positive public attitude regarding the implementation of
community sanctions and measures, the role of the Probation Service for reintegration
of the sentenced offenders and crime prevention function of Probation service:

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Following the adoption of the Law on Probation service, the drafts of relevant amendments to
Criminal Code, Criminal Procedure Code and the pilot establishment of the Head Quarters of
Probation Service and two Local Probation Offices the society as well as judges, prosecutors,
police, lawyers, state bodies and local municipalities will need to be informed about the new
community sanctions and measures, the main tasks of the Probation Service and probation
officers in different stages of criminal procedure and how their work is carried out. In this
regard awareness rising campaign for introducing the new community sanctions and
measures, the work of Probation Service and the role of probation officer in the criminal
justice system should be held.
5.1.1. Elaborating a communication strategy to promote the new Probation Service and the
tasks of probation officers that includes the messages to be communicated, the methods to be
used and the key stakeholders to whom the messages to be delivered;
5.1.2. Developing, printing and distribution of leaflets, brochures and posters about the
Probation Service of Republic of Armenia for the wide public and key stakeholders – Courts,
Prosecutors, Police, Lawyers, Local Municipalities, state institutions, non-governmental
organizations;
5.1.3. Conducting roundtables at regional level with judges, prosecutors, police officers,
lawyers, local authorities, public and private bodies and NGOs about the implementation of
community sanctions and measures and the tasks of Probation Service as criminal justice
agency;
5.1.4. Regular dissemination in printed and electronic media of information about the stages
of establishment of the Probation Service, its role in the enforcement of community sanctions
and measures and crime protection through rehabilitation and reintegration of the offenders
into society;
5.1.5. Design and support of the web site of Probation Service with information in Armenia
and English language;
7. Action plan and indicative timetable:
In order to establish successfully a new administrative body there is a strong need to follow
logical consequence of steps and activities.
In the case of the establishment of the new Probation Service the actions are divided in
following logical components:
1. Legal framework component – activities related to development of relevant legal bases
and changes in existing legal regulations;
2. Institutional framework component – activities related to administrative,
organizational and technical issues;

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3. Training component –- activities related to training of probation staff and judges;
4. Implementation framework component – activities related to introduction,
implementation and fitting;
Legal framework component includes following activities:
1.1 Development9
of the main regulating law “On probation service”;
1.2 Development of relevant rules of procedure, national standards guidelines and national
standards, necessary for the efficient functioning of the Probation Service;
1.3 Development of relevant changes and amendments to existing legal framework (especially
by-laws) in order to comply with the new service logic;
1.4 Development of changes and amendments to Criminal Code and Criminal Procedure
Code to create the base for preparation of the pre-sentence report, electronic monitoring
and the enforcement of the new noncustodial sanctions and measures – probation;
Institutional framework component includes following activities:
2.1 Formation of relevant working groups including intra governmental;
2.2 Feasibility studies for certain sub-components;
2.3 Technical assistance projects;
2.4 Development of infrastructure.
Training component includes
3.1 Initial and in-service training of probation officers;
3.2 Establishment and capacity building of a specialised training centre;
3.3 Development of relevant training programs and curricula;
3.4 Training of judges on the new amendments of the laws regarding probation.
Implementation framework component includes following activities:
4.1 Recruitment of personal; Public awareness campaigns, workshops and seminars;
4.2 Piloting projects for establishment of local probation offices prior to the official start of
Probation Service aiming together with the courts to work out the system for preparation
and delivery of social inquiry and pre-sentence reports and together with local
communities, state bodies and NGOs to work out the system of cooperation in delivering
rehabilitation programs and after care to offenders;
4.3 Fitting – analyze of practical and legal impediments and adjusting the relevant guidelines
and procedures;
9
Here and below «development» shall mean all procedures beginning from political decision to develop and
ending with adoption;

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4.4 Evaluation of the achieved results and completion of the envisaged activities.
It should be noted that most of the actions are linked to each other and it’s not possible to
proceed to the next one without completing the previous.
Technical assistance
For the purposes of Probation Service establishment there will be need for several Technical
Assistance projects, mainly for following activities:
- drafting of law on Probation Service;
- drafting of other legal acts (rules of procedure etc);
- piloting;
- development of training materials and conducting of initial trainings for trainers;
- installation of electronic monitoring system.
It should be specifically noted that the actual actions and timeframes for each one may change
in future due to technical and/or organizational issues, but the proposed scheme is feasible.
The commission shall constantly supervise and ensure proper movement of the Project. As
technical assistance projects need some time to develop and launch the commission shall
apply for donor support beforehand.
The actions are divided and described according to the Objectives and measures. The three-
year action plan indicates the objectives, activities, implementation timetable, responsible
bodies and objectively verifiable criteria. Indicative Action plan and timetable are attached
hereto as Table 3 and Table 4.
Preparatory Activities:
Adoption of the Strategy, Action plan and timetable – this is the first preparatory activity. The
adoption of the Strategy is intended to be by a Presidential decree. The adoption of the Action
plan for the implementation of the Strategy is intended to be by a Governmental decree (draft
to be prepared by MoJ).
Formation of an intergovernmental commission (Steering committee) in charge for Probation
service establishment - In order to proceed smoothly with establishment of the probation
system there is a need for having a body in charge of the project10
. The intergovernmental
commission shall deal with all organizational issues, such as formation of working groups for
different components of the project, arranging for technical assistance projects, interaction
between state bodies, etc. The members of the commission shall represent MoJ, Penitentiary
System, Police, Courts, MoH, MoSE, MoLSA NGO’s, external consultant(s).
10
Here and below “project” shall mean the whole process of establishment of the Probation Service

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8. List of Annexes:
Annex 1 The legal concept of the alternative sanctions and measures according to the
Criminal Justice legislation of Republic of Armenia in force;
Annex 2 Vision for the future legal concept of the alternative sanctions and measures in
Criminal Code of Republic of Armenia;
Annex 3 Concept for the organization and the structure of the Probation Service of Republic
of Armenia (PSRA) at central level;
Chart 1 Organizational structure of Probation Service of Republic of Armenia at central level;
Chart 2 Territorial distribution of local Probation Offices;
Chart 3 Structure of the Marz Probation Office;
Table 1 Noncustodial measures provided in the current Criminal Justice Legislation
framework of the Republic of Armenia in the different stage of criminal procedure;
Table 2 Main tasks of probation officers of the newly established Probation service;
Table 3 Indicative Action Plan for the establishment of Probation Service;
Table 4 Indicative Timetable for the establishment of Probation Service.
9. List of references:
1. The United Nations Standard Minimum Rules for Non-custodial Measures (The
Tokyo Rules);
2. The United Nations Rules on the Supervision of Young Offenders, (The Beijing
Rules);
3. Recommendation № CM/Rec (2010) 1 of the Committee of Ministers to member
states on the Council of Europe Probation Rules;
4. Rec. R (2000) 22 on improving the implementation of the European rules on
community sanctions and measures;
5. Recommendation № R (97) 12 on staff concerned with the implementation of
sanctions or measures;
6. 2012-2016 Strategic programme for Legal and Judicial Reforms in the Republic of
Armenia;
7. List of Measures Deriving from the 2012-2016 Strategic programme for Legal and
Judicial Reforms in the Republic Of Armenia;

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8. Policy paper “Toward the creation of a Probation Service in Armenia”, EU Advisory
Group to the Republic of Armenia;
9. European Neighbourhood and Partnership Instrument, Armenia NATIONAL
INDICATIVE PROGRAMME 2011-2013;
10. Annual Action Programme covered by the programming document ENPI National
Indicative Programme 2011-2013 in favour of Armenia for 2012;
11. Annex 1 – Annual Action Programme 2012 for Armenia Support for justice reform in
Armenia – Phase II, CRIS Number: ENPI/2012/023-600;

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Annex 1
The legal concept of the alternative sanctions and measures according to the Criminal
Justice legislation of Republic of Armenia in force
 Alternative sanctions – noncustodial sanctions defined in Criminal Code.
Public Work is main (on its own right) (basic punishment) noncustodial sanction – Art 49, §
3 in the legal framework of Criminal Code (CC) of Republic Armenia
Noncustodial sanctions according to Art. 49 of CC “Types of punishments” are:
1) fine;
2) prohibition to hold certain posts or practice certain professions;
4) deprivation of special titles or military ranks, categories, degrees or qualification class;
5) confiscation of property;
Public works is used only as basic punishment. Written consent from the convict is
necessary precondition for imposing this Community sentence.
Fines and the prohibition to hold certain posts or practice certain professions are imposed both
as basic and supplementary punishments.
Deprivation of special titles or military ranks, categories, degrees or qualification class, the
confiscation of property are applied only as supplementary punishments.
Only one basic punishment can be assigned for one crime. One or more supplementary
punishments can be added to the basic punishment in cases envisaged in the Special part of
this Code.
The table bellow represents the noncustodial/alternative sanctions according to the current
Criminal Code of Republic of Armenia
Alternative sanction/Noncustodial
sanctions
Basic/Main
sanction on its
own right
Suppleme
ntary
sanction
Imposed
on
Adults
Imposed
on
Juveniles
Fine; X X X X
Prohibition to hold certain posts; X X X —
Prohibition to practice certain
professions;
X X X —
Public Work; X — X X
(16 years

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old)
Deprivation of special titles or military
ranks, categories, degrees or
qualification class;
X X —
Confiscation of property; X X —
The table below represents the custodial sanctions according to the current Criminal Code of
Republic of Armenia:
Custodial sanctions
Basic/Main
punishment/san
ction on its
own right
Suppleme
ntary
punishme
nt/sanctio
n
Imposed
on
Adults
Imposed
on
Juveniles
Arrest; X — X
(from 15
days up
to 3
months)
X
(from 15
days up
to 2
months)
Service in disciplinary battalion; X — X —
Imprisonment for a certain time; X — X X
Life sentence; X — X —
In combination both tables represents the current system of punishment as defined in Article
49 of Criminal Code.
 Noncustodial measures as duties/requirements/obligations in Criminal Code:
Article 70 provides regulation of “Conditional punishment” (conditional sentence) and
paragraph 5 stipulates the duties that can be obliged over the convict. Here the consent of the
convict is not a necessary pre-condition for imposing the conditional sentence. By its
essence those duties are noncustodial measures:
The convict is obliged to carry out certain duties:
- not to change the place of permanent residence without notification of the body in
charge of his supervision;
- to take a treatment course against alcohol, narcotic drugs, venereal disease (VD) or
toxicomania;
- to support the family financially;
By motion of a competent body supervising the convict’s behaviour, or without, the court
can also impose other duties on the convict which will promote his correction.

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When applying exemption from punishment on parole (conditional release Art. 76 of CC),
the court can impose on the person the obligations mentioned above as noncustodial
measures, which the person will carry out during the non served part of the punishment.
The concept of noncustodial measures is further developed in Art. 92. and Art. 93 of CC
concerning disciplinary measures imposed on juveniles. Those measures are:
- Supervision of the convict’s behaviour, exertion of disciplinary influence and
monitoring the juvenile’s behaviour;
- Mitigation of the inflicted damage;
- Prohibition of visiting certain places;
- Prohibition of executing certain (leisure) activities;
- Ban to drive mechanical means of transportation;
- Prohibition of going out of home at certain time of the day;
- Prohibition to travel without authorization of the local body of self-government;
- Obligation to return to an educational institution;
- Obligation to be employed by motion of the local self-government body;
- Assignment to specialized educational and disciplinary institution (Art. 93 of CC)
- Assignment to specialized medical and disciplinary institution (Art. 93 of CC)
In addition to above mentioned noncustodial measures Art. 97 § 4 provides measures for
medical enforcement treatment to persons who committed a crime and has been recognized
as one in need of treatment against alcohol or drug addiction. Art. 99 of CC provides
outpatient supervision by psychiatrist and enforced treatment that might be assigned if the
person in his mental state does not need to be admitted to a psychiatry hospital.
Supervision is imposed in case of deferred (postponed) sentence, provided in Article 431 of
Criminal Procedure Code. The Court is entitled to postpone the execution of sentence if one
of the following grounds exists:
– severe illness of the convict which prevents him/her from serving the sentence
until he/she recovers;
– the pregnancy of the convict at the moment of implementation of the court
decision, for no longer than 1 year;
– the female convict has small children, until the child becomes three years old;
– when immediate punishment can cause especially severe consequences for the
convict or his family members, in the case of fire or other natural disaster, due to

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– the severe illness of the only provider in the family, death, or other exceptional
case, by a period established by the court, but not longer than three months;
Article 117 and 118 of Penitentiary code establishes obligation for the offender to register at
the Subdivision for Execution of Noncustodial Sentences and entitles the latter to supervise
the offender’s behaviour.
The option provided in Art. 72 of the Criminal Code for exemption of the offenders’
criminal liability in case of mitigation or compensation of the inflicted damage,
incorporates the main concept of Restorative Justice as alternative sentencing
practice. The restoration of caused damage depends on the personal offender’s
behaviour and his/hers willingness and practical abilities to do so. The Restorative
justice principle is incorporated in the Community/Public work as an alternative
sentence and as a noncustodial measure imposed as a requirement over the offender to
mitigate the inflicted damage.
The option provided in Art. 73 of the Criminal Code for exemption of the offenders’
criminal liability due to reconciliation with the victim, represents the core principle of
Mediation. However for the development and full implementation of Mediation as an
alternative sentencing practice relevant amendments in Criminal Procedure Code have
to be adopted or a separate law on Mediation should be elaborated and adopted.
 Preventive measures that are enforced in pre-trial stage and are executed in the
community
The current Criminal Procedure Code (CPC) provides the following options for preventive
measures that might be executed in the community:
- written obligation not to leave a place; (Art. 134 § 3 and 144 CPC)
- Supervision of an under-aged suspect or accused; (Art. 134 § 6 and Art. 148 CPC).
- Type of the competent body that has the authority to impose alternative sanction or
noncustodial measure and type of the imposed sentence;
The competent body that has the authority to impose alternative sanction or probation
measure is the relevant First Instance Court of General Jurisdiction in Republic of
Armenia.
The type of the sentence is:
Conditional sentence - Article 70 of CC “Conditional punishment”;
Conditional release from prison - Article 76 of CC “Exemption from punishment on
parole”;

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The possibility for replacement of punishment provided in Article 77 of CC “Replacement
of the unserved part of the punishment with a softer punishment” stands as an additional
sentence, replacing the content of the previously imposed main sentence.
The possibility stipulated in Article 91 of CC “Exemption from criminal liability by
application of enforced disciplinary measures” juveniles to be exempted from criminal
liability by the court by application of enforced disciplinary measures is by its essence a
suspended sentence.
The enforcement of medical measures, added to the execution of punishments is by nature
an additional corrective measure attached to the custodial punishment (imprisonment or
life sentence) or to other noncustodial types of punishments - Chapter 15 of CC
“Measures of medical enforcement”.
CONCLUSION:
The legal analyze of the current “probation system” of the Republic of Armenia shows that
the newly established Probation service can start its work based on the current Criminal
Justice legislation framework (Criminal Code, Criminal Procedure Code and Penitentiary
Code).
However the consultants could not recommend such approach. There is a strong need prior
the actual start of the Probation Service of Republic of Armenia of in-depth legal analyze of
Criminal Justice Legislation in order to implement a new and revised legal concept of the
probation in the new Criminal Code of Republic of Armenia. The new Criminal Code should
revise the system of custodial and noncustodial sanctions and address the disproportionate of
the sanctions defined in the articles of the Special Part. At the same time the concept for
establishment of “probation system” needs relevant amendments in procedural laws –
Criminal Procedure Code and Penitentiary Code.
On the other hand the indicative period envisaged in the List of measures deriving from the
2012 - 2016 Strategic Programme for Legal and Judicial Reforms in the Republic of Armenia
for drafting and elaborating a new Criminal Code of the Republic of Armenia is from May
2014 till September 2015.
Therefore the newly established Probation service should start with pilot implementation of
probation activities based on the current legal framework and to prepare itself to carry its
functions and activities in accordance with the proposed in the new Criminal Code system of
alternative sanctions and probation measures.

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Annex 2:
Vision for the future legal concept of the alternative sanctions and measures in Criminal
Code of Republic of Armenia
Having in regard the analyze of the current legal framework of alternative sanctions and
noncustodial measures system, the consultants may propose the following recommendations
that might be taken into consideration in the process of elaboration of the concept paper for
the new Criminal Code of the Republic of Armenia.
 Recommendations for changes in the punishments’ system in Criminal Code of Republic
of Armenia
Probation to be stipulated as a noncustodial sanction;
Essence of the probation:
The probation shall be imposed as a stand alone/basic sanction:
- for minor crimes to persons who have clear criminal record and in case of recidivism
(not for dangerous recidivism and repeated crime);
- for medium-gravity crimes only to persons who have clear criminal record (first
time sentenced offenders);
Definition of the probation as alternative sanction shall aggregate:
- Probation order for supervision of the offender by a probation officer for the term
of probation period as defined by the Court judgement and
- execution of imposed in the same judgement one or more noncustodial measure/s.
The probation period shall vary from 1 month up to 1 year if the person is with clear
criminal record.
The probation period shall vary in the range from 3 months up to 3 years in case of
reconviction.
During the probation period the Court shall have the option to impose one or more
noncustodial measures grounding its decision on the compulsory provided by the probation
officer pre-sentenced report.
The Special Part of the Criminal Code shall explicitly list the cases when probation and
noncustodial measures are imposed or shall generally envisage the imposition of probation
and noncustodial measures for non-gravity crimes.

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Separate chapter shall give the definition of probation as a combination of Probation order
(supervision) and noncustodial measures. The same chapter shall elaborate a non-exhaustive
list of noncustodial measures that might be imposed over offender.
Noncustodial measure/s shall also be supplementary sanction that might be attached to the
main punishment.
Therefore the system of punishments in Criminal Code shall look as follows:
Article 49 Types of punishment
The types of punishment are:
1) Fine;
2) Prohibition to hold certain posts or practice certain professions;
3) Deprivation of special titles or military ranks, categories, degrees or qualification class;
4) Probation;
5) Public works;
6) Arrest;
7) Confiscation of property;
8) Service in disciplinary battalion;
9) Imprisonment for a certain term;
10) Life sentence.
Article 50 Basic and supplementary punishments
1. Public works, Arrest, service in disciplinary battalion, imprisonment for a certain term and
life sentence are used only as basic punishments.
2. Fines, probation and the prohibition to hold certain posts or practice certain professions
are imposed both as basic and supplementary punishments.
3. Deprivation of special titles or military ranks, categories, degrees or qualification class, as
well as confiscation of property are applied only as an supplementary punishments.
4. Only one basic punishment can be assigned for one crime. One or more supplementary
punishment can be added to the basic punishment in cases envisaged in the Special part of this
Code.
5. Fines, probation, confiscation of property and the prohibition to hold certain posts or
practice certain professions, as supplementary punishment, can be assigned only in cases
envisaged in the Special Part of this Code.

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 Recommendations for the definition of probation and types of the noncustodial measures
that should be elaborated as a non-exhaustive list in a separate chapter of Criminal Code:
Probation:
Probation shall mean mandatory supervision of the sentenced person by a probation officer
that shall aggregate:
 Obligatory registration at Probation Service’ Office and regular meetings with a
probation officer;
Noncustodial measures that might be imposed separately or in combination:
Restrictions on free movement:
 Obligation to report at specified times to a specific authority;
 Obligation not to change the place of permanent residence without notification of
the body in charge of his supervision;
 Prohibition to travel without authorization of the probation officer;
 Obligation for the sentenced person to inform probation officer of any change of
working place;
 Obligation for the sentenced person not to enter certain localities, places or defined
areas;
 Prohibition to leave the territory of the Republic of Armenia;
 Obligation to avoid contact with specific persons – victim of crime, former gang
members or persons that might have bad influence over the behaviour of the
sentenced persons;
 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 – mainly drugs and alcohol;
 Prohibition of executing certain (leisure) activities;
 Prohibition to leave home at certain time of the day in range of up to 8 hours in
certain days of the week or at the weekends;
 Ban on driving vehicles;
Electronic monitoring in cases provided by Law and in combination with the above
mentioned restrictions. Prior written consent by the offender and the inhabitants of

TA to the RA Ministry of Justice on penitentiary system reforms, including the establishment of a Probation Service

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