Mediation in criminal matters
Mediation in criminal matters is a free‑of‑charge service in which a person suspected of an offence and the victim may meet through an impartial mediator. Mediation addresses both the material and emotional harm suffered by the victim and seeks to reach a solution acceptable to all parties for compensating that harm.
Participation in mediation is voluntary and always requires the consent of both the victim and the suspect. If either party withdraws their consent at a later stage, the mediation process is discontinued.
Which offences are suitable for mediation?
Offences typically suitable for mediation include assault (excluding domestic violence), theft and malicious damage. Other types of offences may also be handled through mediation if they are considered appropriate for the process. As a rule, the more serious the offence, the less suitable it is for mediation.
The decision to accept a case for mediation is made by the local mediation office. Mediation may be proposed by the suspect, the victim, the police or the prosecutor. If the victim is a close relative of the suspect, mediation may be proposed only by the police or the prosecutor. The mediation itself is conducted by a trained volunteer mediator.
Possible outcomes of mediation
If the parties reach an agreement through mediation, the mediator draws up a written settlement. The agreement may include, for example, an obligation for the suspect to pay compensation to the victim.
In certain less serious cases, a settlement reached through mediation may result in the pre‑trial proceedings being concluded. Mediation may also lead to a decision by the prosecutor not to bring charges. In addition, the court may decide not to impose a sentence on the defendant or may impose a more lenient penalty.