La implementación de la figura del Supervisor de Libertad Condicional en el sistema penitenciario español

Resumen

The objective of this doctoral thesis is to create a proposal that seeks the improvement of the position of the Probation Officer and probation services in Spain, specifically in the Basque Country, by empowering the role of the professional. The Probation Services should be the axis of control and support for individuals on probation or with suspended sentences. Hereby it has a remarkable effect on recidivism and resocialization. The dissertation draws on the frameworks provided in the European Union Recommendations and the analysis of systems from various countries both inside and outside the Union, particularly the German model. A focus is set on the “Ambulanter Sozialer Dienst der Justiz” (Outpatient Social Service of the Justice System) in North Rhine-Westphalia, where the author of this thesis serves as a supervisor in the field. The choice of the Basque Country is not random and was indeed chosen due to the change of legislation in penitentiary matters. Precisely, the assumption of penitentiary competencies, approved through Royal Decree 474/2021, of June 29, transferred the functions and services from the State Administration to the Autonomous Community of the Basque Country regarding the execution of state legislation in penitentiary matters. By seeking an updated and improved probation service structure in the Basque Country, the current reality of various countries in legislative, penitentiary, and penal matters has been evaluated. This has been possible through the different methodological tools as the use of documentary research, descriptive research and qualitative research in order to propose an innovative probation system. The dissertation concludes with a proposal for the current Judicial Social Services in the Basque Country, named "RISSJE" (Red Integral de Servicios Sociales Judiciales de Euskadi - Judicial Social Services Network of the Basque Country). This new network is designed to foster the engagement of users with the justice system by creating positive relationships with their probation officer. The chances of a successful completion of the probation period are enhanced through multiple changes. On the one hand, the intensity of supervision measures is increased. On the other hand, addressing the social deficiencies of the user that may increase recidivism, is vital for a positive risk assessment. The intensive and collaborative work between multidisciplinary teams and the client aims at the social reintegration of the offender and the prevention of future crimes. As a result, better intervention with the offender is directly proportional to higher protection of the victim.