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Best practices of restorative justice Budapest 27.04.2009

Best practices of restorative justice Budapest 27.04.2009. Restorative Practices before Accusation Diversion for Promoting Compensation for Victims in Austria Karin Bruckmüller University of Vienna. Dismissal of cases by public prosecutor. manifested repentance – Tätige Reue

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Best practices of restorative justice Budapest 27.04.2009

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  1. Best practices of restorative justice Budapest 27.04.2009 Restorative Practices before AccusationDiversion for Promoting Compensation for Victims in AustriaKarin Bruckmüller University of Vienna

  2. Dismissal of cases by public prosecutor • manifested repentance – Tätige Reue - most offences against property - making good the damage - offender’s own free will - before police become aware of the offender's guilt • dismissal because of pettiness - misdemeanour (- 3 years of imprisonment) - minor guilt - no more than slight consequences or more than slight consequences but compensation

  3. Victim-offender mediation – development • experimental project for juvenile offenders • evaluation => positive effects and results • incorporated in juvenile criminal law • pilot-project “victim-offender mediation for adults” • established in criminal procedure law (diversion)

  4. Reform of the Code of Criminal Procedure • strengthen victim’s position • information and participation rights • authorities must act in the victim’s best interest • foster compensation best possible => fundamental preconditions for restorative justice

  5. Diversion – legal preconditions • rubric of the public prosecutor • district court or single judge at regional court • clear circumstances • not a petty offence • suspect’s guilt is not severe • individual and general prevention aspects • not result in fatalities (exemption: juvenile offenders) • compensation for damage (juvenile offenders: in relation to financial capacity)

  6. Diversion – measures • payment of an amount of money (49%*) • community service (7%) • probationary period (one to two years) (5%) combined with supervision and/or ‘obligations’ (18%) • victim-offender mediation (20%) * % of offering the measure by prosecutors and judges in 2007

  7. Diversion – approach preconditions are satisfied: • public prosecutor must offer diversion to offender • public prosecutor must choose diversionary measure • promotes the victim’s needs to greatest extent • suspect’s consent • victim’s consent in cases of victim-offender mediation (exemption: juvenile offenders)

  8. Victim-offender mediation – concept • restitution, compensation, reparation • other adequate way of restoration (apology) • main elements - retrospective-emotional offender accepts responsibility confronts himself with causes of offence - restorative compensating the victim - preventive showing willingness to refrain from further acts • community aspect

  9. Community Services • suspect’s consent • work for the benefit of community without remuneration • within specified time - six month - eight hours/day - forty hours/week - 240 hours total • no unreasonable burden on suspect’s individual rights

  10. report to the public prosecutor  referral to VOM  NEUstart  assignment to the mediator(s) and case management  feedback report to the public prosecutor, whether mediation has been successful or not   positive report negative report dismissal of proceedings continuation of proceedings

  11. Victim-offender mediation – statistic*90% of the cases referred by public prosecutor to Neustart

  12. Vicitm-offender mediation – offences • 84% aggression offences - in particular assault and battery - serious threats - coercion - harassment - in some cases robbery • 16% property offences - theft - burglary - vandalism

  13. Victim- offender mediation – conflict types Adults • 41% situative conflicts (immediate social environment) 23 % partnerships (mainly violent offences) 8% family and friends 6% neighbours 3 % work place Juveniles • 55% situative conflicts (immediate social environment) 13 % school

  14. Victim-offender mediation – methods • specialised and trained mediators • pre-mediative phase only one-to-one meetings either with offender or victim • mediation session with both if the requirements are met • co-operation with authorities and organisations

  15. success: positive report to prosecutor – close the case 85% juveniles 70% adults • acceptance: 75 % of victims would go to a mediation again • recidivism rate (after a positive VOM, within 2,5 to 3,5 years) 13 % in general 11 % in cases of domestic violence

  16. Conclusion – good practises especially victim offender mediation • legal provisions built on pilot process => practical basis • high and differentiated standards special trained mediators specific procedures applied to different cases • effective cooperation Neustart with authorities and organisations => Practitioners and public accept the diversion especially the victim-offender mediation

  17. Conclusion – critical points • critical voices within the police feeling of frustration, investigation will not result in accusation • negative practice “victim/offenders” • Discussion - domestic violence - stalking suitable for victim-offender mediation?

  18. Contact Karin Bruckmüller University of Vienna karin.bruckmueller@univie.ac.at Christoph Koss Neustart koss@neustart.at

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