Mediation is a voluntary, informal process in which a neutral and impartial mediator assists the parties in proper communication and in reaching an agreement and reaching a settlement.

Mediation is also applicable in disputes arising in connection with the commission of a crime.

Mediation in criminal cases involves reaching an agreement between the victim and the suspect/accused with the help of an impartial and neutral mediator.

In accordance with the currently applicable provisions of the Code of Criminal Procedure, the court or court clerk, and in preparatory proceedings the prosecutor or other body conducting these proceedings, may, on the initiative or with the consent of the accused and the aggrieved party, refer the case to an institution or person authorized to do so in order to conduct mediation proceedings between the victim and the accused.

The victim and the accused should be instructed about the possibility of referring them to mediation while informing them of the objectives and principles of the mediation procedure.

When informing the victim and the accused about the possibility of conducting mediation proceedings in the course of criminal proceedings, they should be informed that, according to the provisions of the Code of Criminal Procedure, the mediator may not be questioned as a witness as to the facts of which he or she learned from the accused or the aggrieved party while conducting mediation proceedings.

Anexception to this rule is the acquisition of information about the following offences:

• a terrorist offence;
• the crime of genocide;
• the crime of participating in a mass attack;
• the crime of mass destruction;

• the offence of manufacturing, collecting and trafficking in prohibited substances;
• the offence of an unacceptable means or means of struggle;
• the offence of an attack on the health or life of prisoners of war or civilians;
• the offence of another violation of the rules of international law;
• the crime of a coup d’état;
• the crime of an attack on a constitutional body of the Republic of Poland;
• the crime of espionage;
• the crime of an attempt on the life of the President of the Republic of Poland;
• the crime of an attack on a unit of the armed forces of the Republic of Poland, an object or device of defensive importance;
• the crime of murder;
• the offence of causing grievous bodily harm;
• the crime of causing a catastrophe;
• the crime of piracy;
• the offence of deprivation of liberty;
• the offence of rape jointly with another person or against a minor under the age of 15, or against a relative in the ascending line, descendant, adopted, adoptive, brother or sister, or as a result of acting with particular cruelty;
• the crime of sexually exploiting the helplessness or insanity of another person;
• the offence of sexual intercourse with a minor or causing him or her to undergo sexual acts;
• the crime of taking or holding a hostage.

Source: https://poradnikprzedsiebiorcy.pl/-mediacja-w-sprawach-karnych

Projekt otrzymał dofinansowanie z Norwegii poprzez Fundusze Norweskie 2014-2021, w ramach programu „Dialog społeczny – godna praca”.