Mediation in the cases of juvenile offenders in Croatia

1
Mediation in the cases of juvenile offenders in
Croatia

• Antonija Žižak, PhD
• University of Zagreb
• Faculty of Education and Rehabilitation Sciences
• European best practices of restorative justice
  in the criminal procesdure
• Budapest, 27-29 April 2009.

2
Changed perspective

• Global level
• Restorative justice trends in Europe
• Child rights movement
• Law and treatment trends in neighbouring
  counties

• Croatian level
• Transition, war and post-war society problems and
  needs
• Failures to reduce juvenile crime
• Need for new law Juvenile Courts Act

3
Development of VOM in Croatia

• Year 2000 - Project Alternative Interventions
  for Juvenile Offenders
• Year 2001- Out-of-court settlement (VOM) services
  in Zagreb, Osijek and Split

4
Preliminary pre-trial procedure

• Article 64 JCA
• The public prosecutor may make his or her
  decision not to institute criminal proceedings
  conditional on the minor willingness to fulfil
  one of four special obligations.

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Special obligations

• To repair or make compensation for the damage
  done by the offence, according to his or her own
  abilities.
• 2. To get involved in the work of
  humanitarian organisations or in the activities
  of having relevance for the community or for the
  environment.
• To undergo, with prior consent of his or her
  legal representative, a professional medical
  treatment or treatment for drug addiction or
  other addictions.
• 4. To get involved in individual or group work
  in youth counselling services

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Criterions for applying article 64 JCA

• Reasonable doubt that the minor concerned
  committed the offence
• Offence punishable by a prison sentence of up to
  five years or by a fine
• Insignificant offences are excluded
• Offender has to consent his/her free will to
  participate in VOM process
• Victim has to consent his/her free will to
  participate in VOM process
• The first time offenders are priority
• Recidivists are not excluded
• Prosecutor is the only person who could make
  decision on applying obligations prescribed by
  article 64, as well as decide if they had been
  successful

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VOM PROCEDURE MODEL

• CRIME
• POLICE
• PROSECUTORS OFFICE (PO)
• RELEASE VOM
  COURT
• MEDIATORS AGENCY
• SUCCESSFUL UNSECCESSFUL
• POSITIVE REPORT TO PO NEGATIV
  REPORT TO PO
• DECISION NOT TO INSTITUTE DECISION TO
  INSTITUTE
• CRIMINAL PROCEEDINGS CRIMINAL
  PROCEEDINGS

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Criterions for successful VOM

• Offender assume the responsibility
• Victim and offender informed consent to
  participate in mediation process
• Achieved and signed agreement
• Fulfilment of the agreement
• Satisfaction of both parties
• Positive report to the Prosecutors office
• Decision not to institute criminal proceedings
• Absence of recidivism

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Statistics for Zagreb VOMAutumn 2001 Autumn
2008

• 394 cases
• Mail juveniles (only 16 female)
• Victims - mainly private persons (in 29 cases
  companies)
• VOM successfulness - from 56 (2003) to 84
  (2007)
• Reasons for unsuccessful VOM
• Offender do not assume responsibility do not
  want to participate do not want or cant make
  financial compensation
• Victim do not want to participate demands to
  high financial compensation
• Most present outcomes
• - 68 - apology to the victim and financial
  compensation
• - 28 - apology

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Some results of the evaluation of Zagreb VOM
(Kovacic, 2006)

• N 175 finished cases (from 2001-2006)
• VOM procedure in 80 cases was lasting up to 3
  month
• For 86 cases PO made decision not to institute
  criminal proceedings
• Recidivism rate was 9.7 - 17 offenders committed
  offence again (mostly possession of drugs)

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Most present offences

• 35 - Burglary
• 24 - Aggravated assault
• 19 - Theft
• 7 - Property violation
• 15 - Other (violent behaviour)

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Characteristics

• Offenders
• 95 mail offenders
• 60 minors (14 to 18 years)
• 40 young adults (18 to 21)
• 61 offences committed by one offender
• 93 offenders were not registrated at the local
  centre for social work

• Victims
• 94 - private persons
• Predominantly mail
• Age - 21 year and older

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Most present VOM outcomes

• 58 - apology to the victim and financial
  compensation
• 26 - apology
• 16 - other (just financial compensation,
  humanitarian work, returning stolen things,
  joining treatment for drug addicts, symbolic
  present...)

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Satisfaction with VOM both parties

• Victims
• 95 - satisfied

• Offenders
• 94 -satisfied

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Plans

• Mediators - education and licensing
• Development of new VOM services all over Croatia
• Development of model of VOM for adult offenders
• Development of Croatian VOM network and joining
  European VOM network