1. Restorative Practices before Accusation Diversion for Promoting Compensation for Victims in Austria Karin Bruckmüller University of Vienna Best practices of restorative justice Budapest 27.04.2009

2. Dismissal of cases by public prosecutor manifested repentance – Tätige Reue - most offences against property - making good the damage - offender’s own free will - before police become aware of the offender's guilt dismissal because of pettiness - misdemeanour (- 3 years of imprisonment) - minor guilt - no more than slight consequences or more than slight consequences but compensation 2

3. Victim-offender mediation – development experimental project for juvenile offenders evaluation => positive effects and results incorporated in juvenile criminal law pilot-project “victim-offender mediation for adults” established in criminal procedure law (diversion) 3

4. Reform of the Code of Criminal Procedure strengthen victim’s position information and participation rights authorities must act in the victim’s best interest foster compensation best possible => fundamental preconditions for restorative justice 4

5. Diversion – legal preconditions rubric of the public prosecutor district court or single judge at regional court clear circumstances not a petty offence suspect’s guilt is not severe individual and general prevention aspects not result in fatalities (exemption: juvenile offenders) compensation for damage (juvenile offenders: in relation to financial capacity) 5

6. Diversion – measures payment of an amount of money (49%*) community service (7%) probationary period (one to two years) (5%) combined with supervision and/or ‘obligations’ (18%) victim-offender mediation (20%) * % of offering the measure by prosecutors and judges in 2007 6

7. Diversion – approach preconditions are satisfied: public prosecutor must offer diversion to offender public prosecutor must choose diversionary measure promotes the victim’s needs to greatest extent suspect’s consent victim’s consent in cases of victim-offender mediation (exemption: juvenile offenders) 7

8. Victim-offender mediation – concept restitution, compensation, reparation other adequate way of restoration (apology) main elements - retrospective-emotional offender accepts responsibility confronts himself with causes of offence - restorative compensating the victim - preventive showing willingness to refrain from further acts community aspect 8

9. Community Services suspect’s consent work for the benefit of community without remuneration within specified time - six month - eight hours/day - forty hours/week - 240 hours total no unreasonable burden on suspect’s individual rights 9

10. report to the public prosecutor  referral to VOM  NEUstart  assignment to the mediator(s) and case management  feedback report to the public prosecutor, whether mediation has been successful or not  positive report negative report dismissal of proceedings continuation of proceedings 10

11. Victim-offender mediation – statistic *90% of the cases referred by public prosecutor to Neustart YearJuvenilesAdultsTotal 20002.1646.9859.149* 20012.0516.8958.946 20021.5367.2648.800 20031.3887.0088.396 20041.6107.3528.962 20051.5917.3828.973 20061.4747.0288.502 20071.4986.8988.396 20081.4486.6508.098

12. Vicitm-offender mediation – offences 84% aggression offences - in particular assault and battery - serious threats - coercion - harassment - in some cases robbery 16% property offences - theft - burglary - vandalism 12

13. Victim- offender mediation – conflict types Adults 41% situative conflicts (immediate social environment) 23 % partnerships (mainly violent offences) 8% family and friends 6% neighbours 3 % work place Juveniles 55% situative conflicts (immediate social environment) 13 % school 13

14. Victim-offender mediation – methods specialised and trained mediators pre-mediative phase only one-to-one meetings either with offender or victim mediation session with both if the requirements are met co-operation with authorities and organisations 14

15. success: positive report to prosecutor – close the case 85% juveniles 70% adults acceptance: 75 % of victims would go to a mediation again recidivism rate (after a positive VOM, within 2,5 to 3,5 years) 13 % in general 11 % in cases of domestic violence 15

16. Conclusion – good practises especially victim offender mediation legal provisions built on pilot process => practical basis high and differentiated standards special trained mediators specific procedures applied to different cases effective cooperation Neustart with authorities and organisations => Practitioners and public accept the diversion especially the victim-offender mediation 16

17. Conclusion – critical points critical voices within the police feeling of frustration, investigation will not result in accusation negative practice “victim/offenders” Discussion - domestic violence - stalking suitable for victim-offender mediation? 17

18. Contact Karin Bruckmüller University of Vienna karin.bruckmueller@univie.ac.at Christoph Koss Neustart koss@neustart.at 18