The institution of mediation was introduced into the Polish criminal justice system through the criminal codifications of 6 June 1997, which entered into force on 1 September 1998—that is, 16 years ago.
Initially, mediation was primarily intended to be used at the preparatory-proceedings stage by a prosecutor, and only in strictly specified cases. However, these solutions were not consistent with European standards and were amended on 1 July 2003.
At present, the following authorities may refer criminal cases to mediation proceedings:
- during preparatory proceedings – the prosecutor and the police
- during court proceedings (before a judgment is issued) and enforcement proceedings (after the judgment becomes final) – the court.
Mediation is a method of resolving conflicts that involves the parties communicating in the presence of a neutral third party. In criminal proceedings, mediation is an attempt to reach an amicable solution to the criminal conflict that satisfies both parties, through voluntary negotiations conducted with the participation of a mediator.
A mediator must be impartial and must not represent the interests of either the victim or the perpetrator; their role is to support the negotiations, ease the tension that arises and help develop an agreement.
A case may be referred to mediation proceedings only at the initiative of, or with the consent of, the injured party and the accused. The parties to criminal proceedings must therefore consciously and voluntarily consent to participate in mediation.
Mediation is recommended when:
- there is a relationship between the parties (close, regular contact)
- the event that caused the conflict is an isolated incident
- the conflict has existed for a relatively short time
- the parties realise that a failure to reach an agreement may lead to an undesirable outcome.
District Prosecutor’s Office in Legnica/ii