Mediation in criminal cases

In voluntary mediation in criminal cases, the suspect and the victim of the crime meet through an impartial mediator. The service is free of charge and provided by the regional mediation offices.

Mediation always requires the consent of the victim and the suspect. Mediation can be proposed by the victim or suspect of a crime, the police or the prosecutor. The decision to initiate mediation is taken by the mediation office.

If mediation seems like a possible way to deal with a criminal case, it is worth suggesting it at the pre-trial stage or during the consideration of charges. During the pre-trial investigation, the police inform the parties to the criminal case about the possibilities of mediation.

In mediation, the victim and the suspect discuss the crime and the feelings it aroused, as well as the damage suffered by the victim. The more serious the crime, the more difficult it is to mediate. Assault, theft and criminal damage are among the more common cases dealt with in mediation.

Either party to a criminal case can stop the mediation at any stage. The case is then referred back to the police, prosecutor or court.

If the mediation ends in a settlement

If the suspect and the victim reach a settlement, the mediator draws up a written contract, which can contain, for example, an agreement on damages.

For minor offences, mediation can result in the end of the pre-trial investigation or in the charges being waived. However, a criminal case can still be tried in court, even if it has been mediated. Mediation is therefore not necessarily an alternative to a trial, but a parallel route. The advantage of mediation is that the parties can usually resolve and deal with the matter much more quickly than by waiting for a trial.