The participation of the accused and the victim in the mediation proceedings is voluntary.

Consent to participate in mediation proceedings may be received from the above-mentioned persons by the body referring the case to mediation or a mediator, after explaining to the accused and the aggrieved party the objectives and principles of mediation proceedings and informing them about the possibility of withdrawing this consent until the end of the mediation procedure.

Mediation shall be conducted impartially and confidentially.

A mediator in criminal matters may be a person who meets the following conditions:

• having Polish citizenship or citizenship of another Member State of the European Union, a Member State of the European Free Trade Association (EFTA) – a party to the Agreement on the European Economic Area or the Swiss Confederation or citizenship of another country, if on the basis of the provisions of European Union law they have the right to take up employment or self-employment on the territory of the Republic of Poland on the terms set out in these provisions;
• enjoying full public rights;
• having full legal capacity;
• who is at least 26 years old;
• who knows the language of Polish in speech and writing;
• a person who has not been convicted of an intentional crime or an intentional fiscal crime;
• a person who provides a guarantee of proper performance of duties and who has the skills and knowledge in conducting mediation proceedings, resolving conflicts and establishing interpersonal contacts;

• a person who has been entered on the list kept at the regional court as a person authorized to conduct mediation proceedings in criminal cases.

Mediation proceedings in a criminal case may be carried out by an institution that meets the following requirements:

• in accordance with its statutory tasks, it has been appointed to perform tasks in the field of mediation, social rehabilitation, protection of social interest, protection of an important individual interest or protection of freedoms and human rights;
• ensure that mediation proceedings are conducted by persons who meet the conditions laid down for a mediator in criminal matters;
• has organizational conditions enabling mediation proceedings to be carried out;
• has been entered on the list kept at the regional court as an institution authorized to conduct mediation proceedings in criminal cases.

Mediation proceedings in criminal matters may not be carried out in premises occupied by the participants in the proceedings or their families, or in the buildings of the authorities authorised to refer the case to mediation proceedings. Exceptionally, in justified cases, with the consent of the participants in the proceedings, mediation may be carried out in the premises occupied by the participants or their families.

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”.