Benefits of criminal mediation for the victim and the perpetrator of the crime

Abstract

This article attempts to scientifically examine issues related to criminal mediation and its benefits for the injured party and the perpetrator of the crime. The main part of the article was a presentation of the rights of the parties to criminal mediation, as well as an analysis of arguments against the participation of crime victims in mediation in criminal cases. The article also describes what role a mediator should play in this type of cases to guarantee the parties full confidentiality and protection of their rights, freedoms and interests. The aim of this study was to attempt to find an answer to the question whether Polish regulations regarding criminal mediation contribute to its frequent use at the stage of preparatory and court proceedings. The article also sought an answer to the question whether an out-of-court settlement and reconciliation of the parties may affect the type and amount of the imposed penalty or punitive measure, or the manner of examining the case. First of all, it was indicated that criminal mediation may result in the injured party's quick court ordering a punitive measure in the form of an obligation to redress the damage or compensation for the harm suffered, and for the accused in the possibility of applying a conditional suspension of the execution of the sentence, conditional discontinuation of the proceedings or extraordinary mitigation of the penalty. It was emphasized that mediation in criminal cases, on the one hand, takes into account the needs and interests of the victim, and on the other hand, makes the perpetrator responsible for his or her actions, but in a more lenient way.