Victim-Offender Mediation in Belgium: Legal Background and Practice (From Juvenile Offender-Victim Mediation, P 60-74, 1999, Beata Czarnecka-Dzialuk and Dobrochna Wojcik, eds. -- See NCJ-198129)

• NCJ Number: 198133
• Author(s): Ivo Aertsen
• Date Published: 1999
• Length: 15 pages
• Sale Source: Oficyna Naukowa
• Publication Format: Book (Softbound)
• Publication Type: Legislation/Policy Description
• Language: English
• Country: Poland

Annotation

This paper explains Belgium's policies and practices of offender-victim mediation for juvenile and adult offenders.

Abstract

There is no specific legislation at the Federal or the regional level that regulates the use of offender-victim mediation in Belgium, but neither is there any law that prevents its use. For adult offenders, prosecutors can refer a case to mediation if both the victim and offender voluntarily agree to it. The practice of mediation is conducted by social service agencies not directly tied to the justice system. Several experimental projects that have involved mediation for juveniles have failed because of a lack of referrals from the prosecutor's service. This paper describes two promising experimental programs in mediation. The procedure for mediation in juvenile offenses begins by applying the following criteria to a case: the investigation has been concluded; the offender has admitted committing the offense; and there is a victim who has suffered financial or moral damage. The offender and the victim are then contacted to determine whether they wish to participate in mediation. The victim and offender then meet with the mediator to discuss the purpose of the mediation and eventually reach an agreement on what the offender will do to repair the harm to the victim. The agreement is then executed and monitored. The prosecutor determines when and if the agreement has been completed, and in some cases the prosecutor may impose supplementary conditions before waiving the case. In the case of mediation with adult offenders, "penal mediation" can be used with criminal offenses that, under law, involve a penalty of 2 years imprisonment or less. In such cases, the law provides that the public prosecutor may offer diversionary offender-victim mediation if the parties are agreeable. The details of such mediation, which is done within the criminal justice system, are described in this paper. A common criticism of mediation in Belgium is that it is limited to minor crimes, which restricts its usefulness. When mediation is applied to more serious offenses, the role and skills of the mediator are of even greater importance. This paper describes a program which has shown that mediation for more serious crimes is workable when it includes specific elements in the communication between the victim and the offender. This kind of mediation offers opportunities to implement a new relationship between the justice system and citizens that results in more effective services to victims and more effective rehabilitation for offenders.