1. 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

2. “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

3. 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

4. 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.

5. 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

6. 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

7. 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

8. 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

9. 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

10. 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’

11. Law in action Another rough research

12. 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 5
1515 6 29 8 58
1808 1 60 2
(1 community service)
Source: Statistics of Juvenile Probation Service of Athens & Greater Athens

14. 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

15. 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

16. 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)

17. 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

18. 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