Access to restorative justice of crime victims under the Polish criminal procedure

• In Event: Victim Rights and Legislative Initiatives

Abstract

This paper deals with access to restorative justice of crime victims in criminal proceedings. Specially, that restorative justice is an important tool in a contemporary criminal procedure, focusing on the interests of crime victims on the one hand. But, on another side it aims at the rehabilitation of the offenders, as well.

Undoubtedly, an individual victim of crime is fully recognized as a subject, legally standing in criminal proceedings. Therefore, this presentation deals with access to restorative justice of individual victim, giving some insight into Polish legislation and judicial practice.

Actually, it is argued that in this way the disputes could be resolved much faster than in a court proceeding, and at the lower costs.

Mediation was introduced into the Polish Code of Criminal Procedure by the Act of January 10, 2003. This gives the right to use mediation at all stages of criminal proceedings, from the moment of disclosure of the crime, through preparatory and court proceedings, to the executive proceedings. In the judicial practice, mediation most often takes place in cases involving crimes against life and health, crimes against freedom, crimes against family and care, against honor and bodily inviolability against property, against security in communication, i.e., unintentionally causing an accident in which another person suffers bodily injury).

The list of cases which cannot be referred to mediation due to their nature, includes among others murders, abuse with particular cruelty, abuse resulting in the injured party taking his or her own life, sexual harassment of minors, organized crime, situation where the perpetrator has been punished many times and is very demoralized.

Author

• Joanna Beata Banach-Gutierrez, UWM in Olsztyn