Mediation in the cases of juvenile offenders in Croatia Antonija Žižak, PhD University of Zagreb Faculty of Education and Rehabilitation Sciences “European best practices of restorative justice in the criminal procesdure” Budapest, April 2009.

Changed perspective Global level Restorative justice trends in Europe Child rights movement Law and treatment trends in neighbouring counties Croatian level Transition, war and post-war society problems and needs Failures to reduce juvenile crime Need for new law – Juvenile Courts Act

Development of VOM in Croatia Year Project “Alternative Interventions for Juvenile Offenders” Year Out-of-court settlement (VOM) services in Zagreb, Osijek and Split

Preliminary pre-trial procedure Article 64 JCA The public prosecutor may make his or her decision not to institute criminal proceedings conditional on the minor’ willingness to fulfil one of four special obligations.

Special obligations 1.To repair or make compensation for the damage done by the offence, according to his or her own abilities. 2. To get involved in the work of humanitarian organisations or in the activities of having relevance for the community or for the environment. 3.To undergo, with prior consent of his or her legal representative, a professional medical treatment or treatment for drug addiction or other addictions. 4. To get involved in individual or group work in youth counselling services

Criterions for applying article 64 JCA Reasonable doubt that the minor concerned committed the offence Offence punishable by a prison sentence of up to five years or by a fine Insignificant offences are excluded Offender has to consent his/her free will to participate in VOM process Victim has to consent his/her free will to participate in VOM process The first time offenders are priority Recidivists are not excluded Prosecutor is the only person who could make decision on applying obligations prescribed by article 64, as well as decide if they had been successful

VOM PROCEDURE MODEL CRIME POLICE PROSECUTOR’S OFFICE (PO) RELEASE VOM COURT MEDIATORS’ AGENCY SUCCESSFUL UNSECCESSFUL POSITIVE REPORT TO PO NEGATIV REPORT TO PO DECISION NOT TO INSTITUTE DECISION TO INSTITUTE CRIMINAL PROCEEDINGS

Criterions for successful VOM: Offender assume the responsibility Victim and offender informed consent to participate in mediation process Achieved and signed agreement Fulfilment of the agreement Satisfaction of both parties Positive report to the Prosecutors’ office Decision not to institute criminal proceedings Absence of recidivism

Statistics for Zagreb VOM Autumn 2001 – Autumn cases Mail juveniles (only 16 female) Victims - mainly private persons (in 29 cases companies) VOM successfulness - from 56% (2003) to 84% (2007) Reasons for unsuccessful VOM: Offender do not assume responsibility; do not want to participate; do not want or can’t make financial compensation Victim do not want to participate; demands to high financial compensation Most present outcomes: - 68% - apology to the victim and financial compensation - 28% - apology

Some results of the evaluation of Zagreb VOM (Kovačić, 2006) N = 175 finished cases (from ) VOM procedure in 80% cases was lasting up to 3 month For 86% cases PO made decision not to institute criminal proceedings Recidivism rate was 9.7% - 17 offenders committed offence again (mostly possession of drugs)

Most present offences: 35% - Burglary 24% - Aggravated assault 19% - Theft 7% - Property violation 15%- Other (violent behaviour…)

Characteristics Offenders: 95% mail offenders 60% minors (14 to 18 years) 40% young adults (18 to 21) 61% offences committed by one offender 93% offenders were not registrated at the local centre for social work Victims: 94% - private persons Predominantly mail Age - 21 year and older

Most present VOM outcomes: 58% - apology to the victim and financial compensation 26% - apology 16% - other (just financial compensation, humanitarian work, returning stolen things, joining treatment for drug addicts, symbolic present...)

Satisfaction with VOM – both parties Offenders: 94% -satisfied Victims: 95% - satisfied

Plans Mediators - education and licensing Development of new VOM services all over Croatia Development of model of VOM for adult offenders Development of Croatian VOM network and joining European VOM network