Criminal Ombudsman
Verified 04 November 2020 - Directorate of Legal and Administrative Information (Prime Minister), Ministry of Justice
Reform of mediation and conciliation
Published on 30 December 2021
The law of 22 december 2021 on confidence in the judiciary confers the enforceability mediation or conciliation agreements, where they are signed by counsel for all parties.
The law also creates a National Mediation Council. Its organization will be specified by an implementing decree.
The law also includes abnormal neighborhood disorder in disputes that give rise to mediation before legal action.
This page is being updated.
The criminal ombudsman is a person or an association. Its role is to help the author of a infringement and his victim to find an amicable solution. The decision to use his services is taken by the public prosecutor at the request of the victim or with his agreement. Criminal mediation can only be used in certain cases. To be a criminal mediator, you have to apply to the Chief of the parquet floor within the jurisdiction of a court or court of appeal.
Definition
The criminal ombudsman is charged by the public prosecutor to assist the victim and the alleged perpetrator in finding a joint amicable solution.
It can be a person or an association.
The victim may propose to the prosecutor to set up mediation. If it does not do so, it must give its consent for the prosecutor to initiate the mediation procedure.
The alleged perpetrator must also agree to participate in the mediation.
The two parties to the case may be accompanied by a lawyer.
When can the prosecutor decide to appoint a criminal ombudsman?
If the public prosecutor wants to opt for criminal mediation, he must do so before taking a decision on the complaint: dismissal or prosecution.
It may decide to introduce criminal mediation if it considers that this measure may have the following effects:
- To provide compensation for the damage caused to the victim
- Ending the disturbance caused by the offense
- Contribute to the reclassification of the perpetrator
The prosecutor takes into account the seriousness of the facts and decides to use criminal mediation for the less serious offenses.
Warning
it is not possible to do criminal mediation in the area of domestic violence.
The criminal mediator does not have authority over the final decision, but he or she conducts the mediation procedure.
He recalled the law and explained the mediation procedure.
It intervenes in a neutral and objective way to repair the damage caused by a infringement of low gravity (insults, simple theft, noise at night, etc.) which has been the subject of a complaint.
The criminal ombudsman must show listening and dialog skills. He shall be subject to professional secrecy and shall be sworn in.
If the mediation is successful, the public prosecutor or the mediator shall draw up a report which he shall sign and have signed by the parties. He gives a copy to each party.
If the alleged perpetrator has undertaken to pay damages, the victim may use the statement to claim payment following the order for payment procedure.
If the alleged perpetrator complies with his commitments, the prosecutor will drop the charges against him.
If mediation fails, the prosecutor may decide to dismiss the case or to continue criminal proceedings against the alleged perpetrator.
The mediators are empowered by the public prosecutor or the public prosecutor. The person or association wishing to carry out the duties of criminal mediator must make the request.
You're an individual
You want to be empowered within the jurisdiction of the court
You must meet all of the following conditions:
- Not to have been the subject of any conviction entered in Bulletin No. 2 of the criminal record
- Provide guarantees of competence (legal expert), independence and impartiality
- Not have a family relationship with a magistrate or an official of the jurisdiction (couple, parent up to the degree of uncle or nephew), unless waived by the Minister of Justice
- Not more than 75 years old
- If you are a lawyer, registrar, etc., or if you are elected, intervene outside the jurisdiction of the court of appeal in which you are practicing
Please note
in order to mediate with minors, you must show a particular interest in children's issues.
You must address your request in writing to the public prosecutor.
Who shall I contact
You want to be empowered within the jurisdiction of the Court of Appeal
You must meet all of the following conditions:
- Not to have been the subject of any conviction entered in Bulletin No. 2 of the criminal record
- Provide guarantees of competence (legal expert), independence and impartiality
- Not have a family relationship with a magistrate or an official of the jurisdiction (couple, parent up to the degree of uncle or nephew), unless waived by the Minister of Justice
- Not more than 75 years old
- If you are a lawyer, registrar, etc., or if you are elected, intervene outside the jurisdiction of the court of appeal in which you are practicing
Please note
in order to mediate with minors, you must show a particular interest in children's issues.
You must address your request in writing to the Attorney General, who is the Chief Prosecutor at the Court of Appeal level.
You represent an association
You want to be empowered within the jurisdiction of the court
If you wish to have your association approved, you must provide the following:
- Copy of the extract from the Official Journal publishing your association’s declaration (or a copy of the extract from the register of associations of the court of justice, for the departments of Bas-Rhin, Haut-Rhin or Moselle)
- Rules and regulations Copy of the statutes and, if any, of the
- List of the establishments of the association, indicating their registered office
- Statement indicating the conditions of operation of the association and, where appropriate, the organization, the conditions of operation of the local committees and their relationship with the association
- Accounts for the last financial year of the association, the budget for the current financial year and a balance sheet or statement of movable and immovable assets and liabilities
- List of persons who are members of the board of directors, the association's office and local offices, with the names, forenames, date and place of birth, nationality, profession and domicile of each of them
- List of natural persons who, within the association, must perform the duties of criminal ombudsman, with the names, forenames, date and place of birth, nationality, profession and domicile of each of them
The persons on the list transmitted to the Parquet Floor, who will act as a criminal ombudsman within the association, must comply with the following conditions:
- No conviction entered in Bulletin No. 2 of the criminal record
- Guarantees of competence (legal expert), independence and impartiality
- No family connection with a magistrate or an official of the court (couple, parent up to the degree of uncle or nephew), unless waived by the Minister of Justice
- Not older than 75 years
- No professional activity within the jurisdiction of the court of appeal of award if the professional activity is connected with the law (for example, lawyer), or if the professional activity is that of elected representative
Please note
in order to mediate with minors, you must show a particular interest in children's issues.
You must send your request for authorization in writing to the public prosecutor.
Who shall I contact
If your association wishes to change the list of persons acting as a criminal mediator, you must notify the public prosecutor.
You want to be empowered within the jurisdiction of the Court of Appeal
If you wish to have your association approved, you must provide the following:
- Copy of the extract from the Official Journal publishing your association’s declaration (or a copy of the extract from the register of associations of the court of justice, for the departments of Bas-Rhin, Haut-Rhin or Moselle)
- Rules and regulations Copy of the statutes and, if any, of the
- List of the establishments of the association, indicating their registered office
- Statement indicating the conditions of operation of the association and, where appropriate, the organization, the conditions of operation of the local committees and their relationship with the association
- Accounts for the last financial year of the association, the budget for the current financial year and a balance sheet or statement of movable and immovable assets and liabilities
- List of persons who are members of the board of directors, the association's office and local offices, with the names, forenames, date and place of birth, nationality, profession and domicile of each of them
- List of natural persons who, within the association, must perform the duties of criminal ombudsman, with the names, forenames, date and place of birth, nationality, profession and domicile of each of them
The persons on the list transmitted to the Parquet Floor, who will act as a criminal ombudsman within the association, must comply with the following conditions:
- No conviction entered in Bulletin No. 2 of the criminal record
- Guarantees of competence (legal expert), independence and impartiality
- No family connection with a magistrate or an official of the court (couple, parent up to the degree of uncle or nephew), unless waived by the Minister of Justice
- Not older than 75 years
- No professional activity within the jurisdiction of the court of appeal of award if the professional activity is connected with the law (for example, lawyer), or if the professional activity is that of elected representative
Please note
in order to mediate with minors, you must show a particular interest in children's issues.
You must address your request for authorization to the Attorney General, who is the Chief Prosecutor at the level of the Court of Appeal.
If your association wishes to change the list of persons acting as a criminal mediator, you must notify the Attorney General.
If the prosecutor considers that there is no inconsistency, he or she shall authorize the applicant for a period of one year.
At the end of this probationary year, the prosecutor may or may not authorize it for a renewable period of 5 years. The prosecutor must first seek the opinion of the general assembly of judges (or its restricted commission).
The authorization may be withdrawn at any time if the Ombudsman no longer fulfills the necessary conditions or if he does not perform his duties satisfactorily.
Who can help me?
Find who can answer your questions in your region
Telephone administrative information - Allo Public Service
For more information on this topic, you can contact Allô Service Public.
Cost: free service
The informants who answer you belong to the Ministry of the Interior.
Attention: the service does not have access to users' personal files and cannot therefore provide information on their status.
The service is available at the following times:
- Monday: 8.30am to 5.30pm
- Tuesday: 8:30 to 12:15
- Wednesday: 8:30 to 12:15
- Thursday: 8.30am to 5.30pm
- Friday: 1 p.m. to 4:15 p.m
- Lundi : de 08h30 à 17h30
- Mardi : de 08h30 à 12h15
- Mercredi : de 08h30 à 12h15
- Jeudi : de 08h30 à 12h00
- Vendredi : de 13h00 à 16h15
- House of Justice and the Law
Cases in which the Public Prosecutor may conduct criminal mediation
Delegates and mediators of the Public Prosecutor
Ministry of Justice