Criminal mediation

Criminal mediation is an alternative measure to prosecution, decided by the public prosecutor in the case of a minor offense (insult, neighborhood disorder...).)

It helps to avoid a criminal trial thanks to a amicable agreement between the parties. The perpetrator is not criminally convicted (prison sentence, payment of a fine...).) We are talking about restorative justice.

The objectives of criminal mediation are:

• Ensure the repair of the damage caused to the victim (reimbursement, payment of damages and interest...)
• Put an end to the disorder resulting from the offense (no longer insulting your neighbor, no longer making nocturnal noise...))
• Contribute to the reclassification of the perpetrator in order to avoid recurrence (social reintegration, job search...).)

Criminal mediation can be proposed by the public prosecutor when it receives a complaint, or when it has knowledge of facts constituting a offense. The victim can ask criminal mediation, but the final decision rests with the public prosecutor.

In order for criminal mediation to take place, the facts must be acknowledged by the perpetrator, low severity, simple, and clearly established .

It requires the consent of the victim and the perpetrator .

It can be offered to people major and minor.

The tickets and some offenses may be subject to criminal mediation.

For example, criminal mediation may take place for the following offenses:

• Insults, threats, nocturnal noise, neighborhood disturbances
• Malicious phone calls
• Mild violence, simple theft
• Degradation of movable property or real estate
• Non-payment of child support and non-representation of children.

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

Criminal mediation is set up by a criminal ombudsman, appointed by the public prosecutor.

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

The criminal ombudsman summons the perpetrator and the victim to an individual interview. During this, he recalls the law and explains the mediation procedure.

He can also bring together the parties on the occasion ofone or more appointments to find an amicable solution in order to make good the harm suffered by the victim. For example: cleaning the wall covered with offensive inscriptions, pouring damages and interest...

The mediator shall be subject to professional secrecy. Anything said during mediation cannot be used against a party in the case of a subsequent criminal prosecution if the mediation is not successful.

In case of success of mediation, a minutes shall be established by the public prosecutor or the mediator, who shall be signed by him and the parties. This document shall mention the commitments made by the parties and the deadline for implementation.

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

One copy of this minutes shall be delivered to all parties.

The mediator verifies that the agreement is executed. He sends a report on the outcome of the mediation and the entire procedure to the public prosecutor.

If the criminal mediation is successful, the case is most often filed without follow-up.

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

The lawyer is not mandatory but the victim and the perpetrator may be assisted by a lawyer if they wish.

The lawyer can consult the file before mediation.

He can attend all the appointments.

He advises his client during the negotiation and explains the legal consequences of the agreement or refusal to reconcile. However, he cannot represent his client, i.e. replace him during an interview.

A lawyer cannot be court clerk for mediation.

Criminal mediation is free of charge.

Only lawyers' fees are payable.

If the party assisted by a lawyer does not have enough income to pay the fees, he can apply for the benefit of thelegal aid.