Mediation in penal matters

Mediation in penal matters is a process in which the victim and the offender are given the opportunity to meet confidentially through the help of an impartial mediator, to discuss the mental and material harm inflected on the victim by the offence and help the parties to find a mutual agreement to redress the harm. Mediation services are provided free of charge.

Mediation can only take place between voluntary parties, and it thus requires their free consent. If one of the parties should withdraw his/her consent, the mediation will be interrupted. Assault, theft and criminal damage are the types of crime which are especially well suited for mediation, but also other types of crime can be dealt with through mediation, if the crime is assessed as eligible. In cases of serious crime, however, the possibility of mediation is often excluded.

The decision whether to carry out mediation in a particular case is made by the local mediation office. Cases may be referred to mediation by e.g. the offender, the victim, the police or the prosecutor. Only the police or the prosecutor may, however, refer the case to mediation, if the victim is of near relation to the offender. Mediation is carried out by a voluntary lay mediator, who has received training for the task.

If the parties reach an agreement, the mediator draws up a document on it. In cases of lesser crimes the agreement may result in discontinuance of the criminal proceedings. The agreement may also at later stage lead to non-prosecution, waiving of sentence or to a more lenient punishment.

Act on Mediation in Penal and Certain Civil Matters has come into force on the 1st of January 2006 (Nr. 1015/2006). Further information on mediation in penal matters may be obtained from e.g. mediation offices and the police authority handling the matter in question.

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Updated on 7 July 2009