The probation it’s a judicial appeal that is used for resolution of a criminal situation. Also known as suspension of trial, allows you to end the conflict between the parties without the imprisonment of the accused.
The criminal process begins with an act (a crime). When it is considered that said fact it’s not serious, you can resort to probation for the restoration of social peace and harmony. Thus, the process is solved with the probation without the need to go to the hearings or the oral trial.
The suspect, with a probation, must abide by certain guidelines of conduct. Once this requirement and the suspension period have been fulfilled, the subject is detached from the court case.
Those who defend the probation mechanism emphasize that the imprisonment it does not help to end conflicts, since the prison does not usually fulfill a function of social reintegration. Once the pain and once they are released, it is likely that the individual will re-offend in criminal practices.
To try to avoid this issue and expedite the operation of the Justice, there is the probation. The accused is who must request the suspension of the trial trial, while the judge analyzes, in audience with the prosecutor, if he grants said benefit or if he rejects the request. It is important to bear in mind that, when requesting probation, the accused has to make an offer for the damage repair, in addition to following the rules of conduct set by the judge.
If the probation is accepted and the person complies with everything that is required within the agreed period, the process comes to an end. Otherwise, the benefit is revoked and advances to the instance of judgment.