MEDIATION as a bridge between Victim and Offender? Law februari 2011 Petra Sampers Victim-Offender mediator Leuven

Police Public Prosecutor Legal procedure Court Judge POLICEPOLICE PROSECUTORPROSECUTOR COURTJUDGECOURTJUDGE Mediation at the level of police Examining magistrate Dismissal Prosecution Penal Fine Penal Mediation Mediation for Adults Law 2005 Mediation at the level of the prison Law 2005 Mediation for Minors Criminal procedure overview VICTIM – OFFENDER MEDIATION IN BELGIUM Penal Execution

Legal Frame Suggnomè organizes the mediation in all judicial districts in Flanders and this according to the law of 2005.

Victim-Offender mediation  Mediation is not an assistance  Mediation as interpersonal, focuses on the relation between offender and victim involved in a crime Offender Victim Society / judiciary

Victim-Offender mediation Goal:  Facilitating communication between parties involved in a crime.  The intention is that these people think about solutions for the consequences of crime. They can take steps towards repair. They determine what repair means to them.

Victim-Offender mediation Principles  Voluntary  Active engagement - not optional  In confidence  With the help of a neutral third party

Victim-Offender mediation Request – reference  Judicial instances: public prosecutor, examining magistrate, bar  Offenders and victims themselves (or their environment)  Guide, aid to victims, psycho-social service of the prison, judicial assistants, therapist, ….

Victim-Offender mediation When ?  People concerned can formulate a request for mediation at any phase of the punishment procedure.  The mediation can not interfere with the running investigation (therefore: a test for the public prosecutor / examining magistrate)

Victim-Offender mediation  Moment when parties accept the offer of mediation in domestic violence files  Files that are being summoned to de magistrates’ court  Judicial investigations  Suspect in custody  Suspect in Conditional Release

COURSE of a mediation  Request ( letter office of the public prosecutor)  Introductory contact: introduction – exploration  Indirect mediation: commuting by mediator  Direct mediation: meeting between offender and victim  Closing the file (possibility of agreement) Victim-Offender mediation

Discussion  Is it appropriate to mediate in such files?  What are the risks?  What are the preconditions? Victim-Offender mediation