Question & AnswerQ&A (Acts No. 4221)
The main objective of Act No. 4221 is to establish probation for persons eighteen years of age or above convicted of certain crimes, providing for probation officers and outlining the conditions and procedures for probation.
Persons eighteen years of age or above at the time of committing a criminal offense or misdemeanor, convicted and sentenced by a Court of First Instance or by the Supreme Court on appeal, may be placed on probation by the proper Court of First Instance after sentence becomes final and before the defendant has begun serving the sentence.
Before placing a person on probation, an investigation and report by the probation officer must be made to the court regarding the circumstances of the offense, criminal record, and social history, and the provincial fiscal must be given an opportunity to be heard.
Probation officers have the powers of a police officer regarding persons placed under their supervision.
Conditions may include refraining from injurious or vicious habits; avoiding disreputable places or persons; reporting regularly to the probation officer; permitting visits by the probation officer; truthfully answering inquiries about conduct; seeking regular employment; residing within specified localities; making reparations for damages caused; supporting dependents; complying with court orders; and not violating laws.
If the probationer complies with the conditions, the court shall order the definite termination of the case and the final discharge from supervision.
The court may issue a warrant of arrest, commit the probationer with or without bail, and after hearing, may revoke, continue, or modify probation. If revoked, the court will order execution of the original sentence.
The period of probation shall not extend beyond two years for offenses with penalties not exceeding one year.
Persons convicted of offenses punishable by death or life imprisonment, homicide, treason, conspiracy to commit treason, misprision of treason, sedition, espionage, piracy, brigandage, arson, robbery in band, robbery with violence involving deadly weapons, corruption of minors, habitual delinquents, those previously on probation, and those already sentenced by final judgment at the time of the Act's approval are excluded.
Probation officers are appointed by the Secretary of Justice and have duties including furnishing statements of probation conditions to probationers, supervising and visiting probationers, aiding their improvement, keeping records, and reporting to the court and Secretary of Justice.
The Act took effect upon its approval on August 7, 1935.