ANNEX - CASE STUDIES ON GOOD PRACTICES
Temporary refraining from execution of preventive measure: If the requirements of Art 21
(1) or (2) StGB are met, the person concerned
shall be placed in a forensic therapeutic centre.
However, the court must examine ex officio
whether it is possible to provisionally refrain
from execution of preventive measure by
setting conditions and ordering probation
assistance. If the person concerned has already
been provisionally accommodated, the court
must instruct the management of the forensic
therapeutic centre to review the requirements
for provisional refraining. A social network
conference can be organised for this purpose.
II. DEVELOPMENT
The steadily increasing number of people with
intellectual and/or psychosocial disabilities
being subjected to preventive measures is a
fundamental problem in the Austrian criminal
justice system. This upward trend has been
observed since the end of the 1980s and
continued to intensify in the first decade of the
new millennium. The reasons for this increase
appear to be diverse. The main causes are not
only to be found in the increasing numbers
of admissions, but also in the slow releases,
which consequently also prolongs the duration
of deprivation of liberty.496 Therefore, there is
an urgent need for the application of non-custodial measures. This has also been advocated
by the Council of the European Union which
recommends that Member States should
increasingly allow alternatives to custodial
measures. This would better prepare offenders
for reintegration into society and contribute to
the prevention of recidivism.497
This is exactly where the SNCs come in. The
SNC is a new methodological approach of
social work that goes back to the model of the
"Family Group Conference" first developed in
New Zealand for juvenile offenders. The model
is based on the assumption that juveniles who
are in a crisis phase of their lives (which manifests itself in the commitment of crimes) are
themselves capable of decision-making and
problem-solving. The SNC aims to involve the
young person's social environment (parents,
other family members, friends, neighbours,
teachers, etc.) in overcoming their crisis and
dealing with their conflicts, and to support
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them in not committing (more) offences in
the future.
In Austria, the SNC was first introduced and
launched to reduce pre-trial detention for
juveniles. Based on a successful pilot project
for juveniles, this system was transposed into
national law and entered into force in 2016.498
After this successful introduction of the SNC´s
for juvenile offenders, the Ministry of Justice
commissioned the central probation service
in Austria “Neustart” to test the model of a
SNC in the preventive measure system, among
others for detainees with intellectual and/or
psychosocial disabilities, in Vienna, Lower
Austria, Styria, Upper Austria and Salzburg
as of 1 April 2015. Within the framework of
the pilot project "Sozialnetzkonferenzen bei
Maßnahmenuntergebrachten” (“SNCs for
persons subjected to preventive measure
systems”) throughout a period of 16 months,
60 SNCs were assigned and 40 SNCs were
carried out. The addressees were all prisons
and psychiatric clinics in the aforementioned
federal states. The court followed the plan of
the SNC in its discretionary decision in 24
of the 36 cases and positively decided with
regard to conditional suspension (“bedingte
Nachsicht”), conditional release (“bedingte
Entlassung”) or reduction (“Strafmilderung”)
of the sentence by a SNC. Only in two of
the positively decided cases did the clients
breach conditions or drop out.499 A total of
36 of the 40 SNCs carried out were completed
positively and participants found the project
to be very positive and promising. The project
was completed on 31 July 2016.500
Following the new reform, which entered
into force on 1 March 2023, the SNC´s have
received a legal basis for cases involving
persons with intellectual and/or psychosocial
disabilities.501
III. DEVELOPMENT
The advantages of social net conferences are
manifold. SNC’s provide persons concerned
with the opportunity to actively participate
in the process, as well as involve family and
other relevant social contacts.502 The person
concerned is present throughout the entire
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