Criminal mediation

Criminal mediation is an alternative to prosecution when a minor offense is committed. It avoids a criminal trial through a amicable agreement between the parties. The perpetrator is not criminally convicted (prison sentence, payment of a fine...).

The objectives of criminal mediation are:

• To provide compensation for the damage caused to victim (refund, payment of damage and interest...)
• Put an end to the disorder resulting from the offense (no longer insult your neighbor, no longer make any noise at night...)
• Contribute to the reclassification of the perpetrator in order to avoid recurrence (social reintegration, job search...)

Criminal mediation may be proposed by the Public Prosecutor when it receives a complaint or has knowledge of facts constituting a infringement. One judicial police officer (OPJ) appointed by the prosecutor may also offer criminal mediation.

In order for the criminal mediation to take place, the victim and the perpetrator must be identified. The facts must also be clear low gravity, simple, clearly established and recognized by their author.

It requiresagreement of the victim. It can also be offered at the victim's request.

It's about people major and minor.

The contraventions and some offenses may be the subject of criminal mediation, with the exception of offenses of physical harm, such as sexual assault.

Criminal mediation may take place in the following cases:

• Insults, threats, nighttime noise, neighbourhood disorder
• Malicious phone calls
• Mild violence, simple theft
• Degradation of movable or immovable property or real estate
• Non-payment of maintenance and non-representation of children

Most often, mediation is aimed at situations in which a close relationship exists between the victim and the perpetrator (neighborhood, family, professional relations, etc.).

It is implemented by a criminal ombudsmanappointed by the Public Prosecutor.

It takes place in a court, an association, a house of justice and the law or a branch of the court.

The criminal ombudsman calls each of the parties (perpetrator and victim) for an individual interview.

In this case, the mediator recalls the law and explains the mediation procedure.

It can also bring into contact the parties on the occasion ofone or more appointments, to find an amicable solution to the victim's harm. For example: the refurbishment of an object, payment of damages.

The Ombudsman shall be subject to the professional secrecy. Everything that is said during mediation cannot be held against a party in the case of subsequent criminal proceedings if the mediation is not successful.

If the perpetrator is minor, his parents must be summoned and obligatory to participate maintenance. Their agreement is necessary for criminal mediation.

The parties may be assisted by a lawyer.

In case of success mediation, a report shall be established by the public prosecutor or the mediator, who shall be signed by him and the parties. This document refers to the commitments made by the parties.

If the perpetrator is a minor, his parents must also sign the agreement.

One copy of these minutes is given to everyone.

The mediator verifies that the agreement is executed. It shall send a report on the outcome of the mediation to the Public Prosecutor.

If criminal mediation is successful, the case is most often filed without further action.

Criminal mediation is not registered on the criminal record of the perpetrator.

The victim and the perpetrator may be assisted by a lawyer if they wish.

Counsel has the opportunity to review the record prior to the mediation hearing.

He can attend all appointments. He advises his client during the negotiation and explains the legal consequences of the agreement.

Criminal mediation is free.

Only legal fees are payable.

If the party represented by a lawyer does not have sufficient income to pay the fees, he may apply for the benefit of thelegal aid.