Victim-offender mediation (VOM) in case of adult offenders in Hungary Edit TÖRZS, Hungarian Office...
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Victim-offender mediation Victim-offender mediation (VOM) in case of adult (VOM) in case of adult offenders in Hungary offenders in Hungary Edit TÖRZS, Hungarian Office of Justice Edit TÖRZS, Hungarian Office of Justice “European Best Practices of Restorative Justices in the Criminal Procedure” Conference, Budapest, 27- 29 April 2009
Victim-offender mediation (VOM) in case of adult offenders in Hungary Edit TÖRZS, Hungarian Office of Justice “European Best Practices of Restorative Justices
Victim-offender mediation (VOM) in case of adult offenders in
Hungary Edit TRZS, Hungarian Office of Justice European Best
Practices of Restorative Justices in the Criminal Procedure
Conference, Budapest, 27-29 April 2009
Slide 2
Legal framework -European Council Framework Decision of 15
March 2001 on the standing of victims in criminal proceedings
(2001/220/JHA) -The National Strategy of Community Crime Prevention
-Law 2006/LI. on the modification of the Criminal Procedure Act and
the Criminal Code concerning the introduction of the mediation in
criminal matters -Law 2006/CXXIII. on mediation in criminal cases
(Mediation Act) -Decrees (on the special tasks concerning the
procedure of mediation in criminal proceedings, on the professional
requirements concerning mediators working with penal cases)
Slide 3
Conditions of application of VOM VOM is applicable in cases of
juveniles and adults too. Conditions: -crimes against person, or
-crimes against property, or -traffic offences if the maximum
penalty possible not exceed 5 years imprisonment BUT the VOM is not
applicable: -If the act caused death -If the perpetrator was
special or multiple recidivist -In case of organised crime -If the
perpetrator was under the term of another sanction
Slide 4
Percentage of the 3 types of crimes in 2007
Slide 5
Who and when refer a case to mediation Public prosecutor ex
officio, or upon the request of the accused, the defense attorney
or the victim Diversionary effect Judge upon the request of the
accused, the defense attorney or the victim (no ex officio) In the
pre-sentence phase until the sentence on the first instance
Slide 6
Conditions examined by the referring body the offender
confessed during the course of investigation; the offender has
agreed and is able to compensate the victim or to provide any other
form of restitution; the offender and the victim agreed to
participate in the mediation proceedings, and in view of the nature
of the crime, the way it was committed and the offenders personal
circumstances, court proceedings are not required, or there is
substantial reason to believe that the court will take into account
the offenders contrition as a mitigating circumstances (Criminal
Procedure Act, art. 221/A (3))
Slide 7
Who can act as a mediator in criminal cases? -Specially trained
probation officers 70 officers -From July of 2008, trained
attorneys too 40 attorneys Training requirements for mediators 1.
Basic techniques of mediation (practice) 60 hours 2. Theory of
mediation 90 hours e.g. Practice in other countries, restorative
justice philosophy, legal regulations concerning VOM,
administration duties, code of practice, victimology 3.
Participation in the mentoring system and case group meetings
Slide 8
Procedure of mediation in criminal cases After hearing the
offender and the victim, and having their consent, the public
prosecutor or the judge can order the suspension of the criminal
procedure and refer the case to mediation. (length of suspension of
the criminal procedure is up to 6 months) After receipt of the
above mentioned order, the mediator contacts the offender and the
victim. Within 15 days it is obligatory to arrange a date for the
first meeting, and invite the parties to it. 1.
Slide 9
Mediation between the offender and the victim takes place. When
they have reached an accord on the form and details of the
restitution (at the end of the meeting, or after several meetings),
the mediator edits the document of agreement which will be signed
by him and by the parties. Fulfillment of the agreement. This date
(or the fulfillment of the first installment) means the legal end
of the VOM, although the mediator has further tasks to do. 2.
Slide 10
In 15 days after the closure of the VOM, the mediator sends a
report to the prosecutor or judge on the procedure, and also sends
the agreement to him. After the VOM proceeding, the mediator looks
after the fulfillment of the obligations described in the
agreement. If the offender doesnt perform his/her obligations or
the victims behavior hinders the fulfillment, the mediator report
this to the prosecutor or judge. The prosecutor or judge decides
about the application of voluntary restitution article of the
Criminal Code. 3.
Slide 11
Some other important characteristics of VOM in Hungary -There
are no cases when the referral to mediation is obligatory -It is a
free service for the parties -Method used is direct mediation with
the participation of the offender and the victim -Legal entity also
can be a victim -Any form of restitution is accepted that are not
against the law or public morals (apology, compensation, reparation
of the harms caused, or an undertaking to participate in any
treatment or other programme)
Slide 12
Effects of the successful mediation on the criminal procedure
Successful: only when the agreement had been completely fulfilled
Effect: Application of the voluntary restitution article (art. 36.)
of the Criminal Code: In case of adult offenders: If the crime was
punishable by imprisonment of up to 3 years, the criminal procedure
may be terminated. If the crime was punishable by imprisonment of
up to 5 years the punishment may be reduced by the judge without
limitation.
Slide 13
Number of cases referred to mediation in 2007 and 2008 2007
2.451 cases (adults: 2.152) 2008 2.976 cases (adults: 2.621) Rise:
21% In the percentage of indictments: 2007 1,2% 2008 1,5% Rise:
25%
Slide 14
Percentage of cases received from referring bodies in 2008
Slide 15
Number of cases in each county in 2008
Slide 16
Percentage of mediation cases in the percentage of indictments
in each county in 2008
Slide 17
Percentage of agreements in cases terminated in 2008
(N=2872)
Slide 18
Percentage of fulfillment of the agreements in 2008
(N=2308)