This page was translated automatically by eTranslation, the European Commission's machine translation service, without human review. In case of doubt, the original Portuguese version prevails. View the Portuguese original
Victim-Infringer Mediation
The most used model of Restorative Justice, focused on meeting the actors and actively repairing the damage through dialogue.
What is it?
Victim-infringer mediation is the most widely used model in restorative justice. In a mediation procedure, the victim has the possibility to meet the offender in the presence of an impartial third party – the mediator.
Both speakers express their views and feelings about the crime: the victim has the opportunity to confront the offender with the impact of his or her act, and the offender has the opportunity to take responsibility for his or her conduct and understand the harm caused.
Participation in a mediation process is strictly voluntary. The role of the mediator is not to impose an agreement, but to promote interaction so that each takes an active role in the construction of a solution (restoration plan) taken as fair by both.
How did it all start?
In May 1974, in Elmira (Canada), two young men confessed to dozens of crimes of damage and theft. The social reintegration technician proposed that they meet with the victims to understand the impact of their actions.
The court's decision was the suspension of the proceedings conditional on reparation. Three months later, the young men handed over the value of the damage to each victim. This successful experience led to the creation in Canada of the first victim-offender mediation program. In the U.S., victim-infringer mediation first emerged in 1978 in the state of Indiana, and arrived in Europe shortly thereafter.
The Stages of Mediation
The typical set-up of a mediation process covers four key steps to ensure the safety and effectiveness of the procedure:
Routing
The case selection authority sends the situation to the mediation services.
Pre-Mediation
The mediator contacts the actors separately to confirm the willingness and prepare the process without secondary victimisation.
Mediation Session
The interveners meet, present their version, express feelings and try to agree on the acts necessary to make good the damage.
Monitoring
If there is an agreement, compliance is verified. Without agreement, the authority that referred the case is informed of the outcome.
Criminal Mediation in Portugal
A Lei n.º 21/2007 (12 July) created the criminal mediation regime in the Portuguese legal system. The Public Prosecutor’s Office may, at any time during the investigation, refer the case for mediation if it considers that this adequately meets the requirements of prevention (with the agreement of the accused and the victim).
For the mediation process there is no place for the payment of costs, and the content of the sessions is strictly confidential and cannot be valued as evidence in criminal proceedings.
Covered Crimes
- Crimes against persons or property
- Semi-public or private crimes
- Punishable with a term of imprisonment of 5 years or less or a fine
Exceptions (Not applicable)
- When the victim is under 16
- Where the accused is a legal person
- Crimes against freedom and sexual self-determination
With agreement
Signing the agreement amounts to dropping the complaint by the victim. If the agreement is not complied with within the deadline, the complaint may be renewed within one month (reopening the investigation).
No agreement
If there is no agreement or if the proceedings exceed the three (extendable) months laid down, the Public Prosecutor’s Office is informed and the normal criminal proceedings continue.