Right to an alternative to criminal proceedings: mediation

Criminal mediation is an alternative to prosecution, decided by the Public Prosecutor, without the intervention of the judge, in order to repair the damage suffered by the victim.

The perpetrator and the victim must be identified and have given their consent to the mediation. They may each be accompanied by a lawyer.
The facts must be established and cannot concern crimes (scope, for instance: night-time disturbance, simple theft, damage to property, failure to represent a child).
Since the law of 30 July 2020, criminal mediation is not permitted for cases of domestic violence.

The aim is that the mediator opens the discussion and that, through dialogue, the parties manage to find a solution to their dispute on their own.

If the mediation is successful, the mediator records the agreement in a report, which they then sign together with the parties. The mediator gives the parties a copy of this report, and sends another copy to the Public Prosecutor; the case is then generally closed without further action and no trial will take place.
If there is disagreement, mediation fails and the case is then referred to the Public Prosecutor, who decides what action to take on the complaint.

For more information on alternative measures to prosecution, click here.