Penal mediation

Mediation is implementation conciliation in disputes between a victim and an offender.

penal mediation

What happens in penal mediation?
The prosecutor may, with the agreement of the parties, before deciding to pursue the offender, start mediation provided that such measure:

  • Provides repair of injury to the victim;
  • Put an end to disorder the offense;
  • Allow to reclassify the offender.

The prosecutor is not itself a mediator. It uses a natural or legal person external authority as a mediator (especially with guarantees of competence, association, person involved in a house of justice or law) contracted to reconcile the views.

What can it achieve?
Mediation can reach an agreement to:

  • The repair of harm with the payment of damages;
  • Compel the offender to participate in an activity for the benefit of the community.

Note: If the mediation is successful, the file is dropped and the proceedings are completed.

Mediation can also lead to a refusal or disagreement on how to repair. The prosecutor then decides how to proceed with the complaint:

  1. Criminal prosecution;
  2. Or dismissal of the case.

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