Alternative Dispute Resolutions in the Juvenile Justice System The state of play of restorative justice in crime prevention and criminal justice in Greece Alternative Dispute Resolutions in the Juvenile Justice System Effi Lambropoulou April 2009

“Action-civile” In general: The victims can ask either in the civil or in the criminal proceedings with their complaints in a civil lawsuit for compensation of damages by the opposing party

The present situation: Formal Practices for Adults In specific: Suspension of prison sentence up to 3 years without probation remorse and genuine willingness to restore the consequences of his/her offense payment of court costs, restitution and just compensation of the victim

Formal Practices for Adults Suspension of prison sentence from 3-5 years under probation with one of the conditions ordered by the court to the offender being to fulfil certain obligations, such as the financial maintenance (board fees) or the guardianship of other persons (arts. 100Α[2f], 106[3] GPC). Such a person could be the victim.

Formal Practices for Adults Mitigation of the sentence Remorse & willingness to withdraw the consequences of the crime by compensating the victim are taken into consideration by the court (several articles of GPC). Cease the prosecution & annul the criminal act Remorse & full compensation

Formal Practices for Adults Priority to the victim In case of punishment with a fine & the obligation to compensate the victim, if the incomes and the property of the offender are not enough for both [Community] Service can be offered to the victim, if s/he is disabled and both agree, the victim and offender

Therefore, The legal context exists, what is required is its support for regulations’ (frequent?) enforcement and the separate registration of their use in order to evaluate their effectiveness

Semi- & -formal practices At prosecutorial level In petty offences a written order to the police to mediate S/he keeps the most serious cases for mediation by him/herself Can balance the costs and the benefits of the litigation (offender, society, victim) to cease the prosecution Has the right of reconciliation in conflicts, for reasons of prevention At police level At court level Settlement before the hearing, Cease the prosecution; Full compensation before the hearing, Release

Innovations (2003): Juveniles Legal context & scope New measures VOM, Compensation, Community service, +1,000 € to an NGO, a public welfare institution or a non-profiteering legal entity through Diversion (means of D): Prosecutor VOM, Compensation, Community service as (re)Educational measures: Court Involvement of Juvenile probation officers: Social inquiry report, monitor & support

Preamble (Law 3189/2003) Goals of Mediation ‘To bring the offender closer to the victim’ and ‘make the offender assume responsibility for his/her offence’ Restitution to have ‘a positive impact on the juvenile’

Law in action Another rough research

Law in action Treatment measures & punishment-Juveniles 5 1515 6 29 8 Year No punishment (Re)Edu cational measure cational measure + restictive term Admission to treatment institution (half-open) Suspension of prison sentence Conver sion of prison senten ce 2006-07 5 1515 6 29 8 58 2007-08 1808 1 60 2 (1 community service) Source: Statistics of Juvenile Probation Service of Athens & Greater Athens

Provisional evaluation: RJ in Juvenile justice system (JJS) Introduction of RJ programmes is part of an effort to reduce court caseloads & simplification of criminal litigations The improvement of victims’ rights within the context of the penal procedure has been largely mobilised by the EU commitments of the country

Provisional evaluation, JJS Several legal professionals are very sceptical about the concept of RJ in criminal law for the compelling style of the court-based schemes which undermine the purpose of RJ, since there is no potential for genuine voluntary restoration; even when operating through diversion, the measures provide only for extra-court settlements and not for extrajudicial ones

Provisional evaluation, JJS Obstacles Most serious: Lack of guidelines & information about the procedure-no bylaws or circulars Funding issues & organisational infrastructure problems; lack of staff and trained staff in RJ There is still a long way to go before their satisfactory operation (step by step, pro & contra, training)

Increase in severity of crimes, many foreigners without permanent residence, this makes very difficult their supervision; more and more difficult for the officers to use light measures as expedient punishment Extrajudicial forms give neither the security that the measures will be followed nor that the minors can be committed to follow them

The prosecutor is compelled to prosecute a criminal act However posecutors are entitled to exercise exceptional powers of opportunity to discontinue cases without a trial No such options for police officers Principle of legality applies to the police and oblige them to investigate every single crime they have noticed and, subsequently, to send all their investigations to the prosecution service