Summary
-
(a) Quantitative (statistical) data 2001-2003 from 4 experimental public prosectors offices and courts (Helsinki, Vantaa, Tampere and Kokkola): • 416 prosecutoral cases of domestic violence of which 116 has been handled in the Court • From these 416 cases 242 were referred to mediation • From 116 sentenced cases in 19 were mediated (b) Qualitative (interviews and others) data: • 28 parties; 11 offenders and 17 victims interviewed in panel set: i.e. first time immediately after mediation and second time about one year later • 16 interviews of mediators in panel set same as above • 11 interviews of judges and 33 interviews of lay magistrates • 4 interviews of co-ordinators and 2 interviews of project officials MAIN RESULTS OF STATISTICS: IN PROSECUTION • During a systematic monitoring on referrals prosecutors refer-red in a year only 7 % of all domestic violent cases for mediation in experimental municipalities. During last years prosecutors referred less cases than earlier depending on the instruction circulate letter by State Prosecutor • From total caseload of domestic violence referred for mediation (during 3 years) prosecutors sent 57%, police 36 %, offenders 3,7%, victims 1,2%, others 1,7% and parties together 0,4% • Prosecutors decisions: Of all cases prosecutors prosecuted in 60% of cases and in 40% of cases they dropped the case • Main arguments for prosecution without referring case for mediation was that the case is so serious • Main argument for prosecution in mediated case was that the case is so serious • Main argument for non-prosecution in mediated case was that the case was not so serious • Prosecutors informed that mediation in itself was very seldom an argument for non-prosecution • There were statistically significant differences between 4 prose-cuting authorities in referring cases for mediation - but there were no differencies in the serious categories of cases in these prosecution offices: NON UNIFORM DECISIONMA-KING IN COURT HANDLING: • In 9 cases from 19 mediated cases judges did not take mediation into account at all • In 10 cases they registered mediation in the judicial decision: • In 7 cases of these mediaton was mentioned as an argument for mitigation of the sentence; in 3 cases mediation impacted so that offender was laid without punisment • In interviewing judges and lay magistrates they (majority) informed that mediation is suitable only slight and lenient crimes of domestic violence. (excerpt)
Link: www.euforumrj.org/readingroom/Budapest/workshop17.pdf
6276
