RJ in Moldova: The Institute for Penal Reform
In recent years, the Republic of Moldova has begun using restorative justice processes. This required new legislation and development of pilot projects using victim offender mediation in both juvenile and adult cases. A major supporter and advocate for these changes has been the Institute for Penal reform founded in November 2001.
The Institute for Penal Reform (Institute) was created as a response to critical needs for criminal justice reform In Moldova. It has had three key areas of focus:
- Reform of criminal justice legislation
- Reform of the prison system
- Promotion of alternatives to incarceration
In 2003, Moldova adopted a new Criminal Procedure Code. It provides that minor crimes -- those with a sentence of less than five years -- can be resolved through a process of reconciliation between victims and offenders. Mediation is listed as one reconciliation mechanism. Building on this opening, the Institute led a working group of interested organizations in developing a draft law to:
- Codify the principles of mediation
- Develop the organizational structure for providing mediation
- Outline the rights and responsibilities of all parties in a mediation, including the mediator
The law on
mediation in criminal cases was approved by the Moldavian parliament in May of
2006.
While working on legislation, the Institute also conducted awareness raising
activities for justice officials and the general public. With assistance from
international experts and financial support from agencies such as the Soros
Foundation and UNICEF, in 2003 the Institute trained over 200
members of the judiciary and prosecutors concerning the principles of
restorative justice and the use of mediation to respond to criminal
offenses. The training of public officials was followed by the training
of 20 mediators in 2004.
It also prepared a series of publications to support its training and awareness raising activities:
- Brochure on mediation in criminal cases – 2003
- Posters advertising restorative justice -- 2005
- Ethical code for mediators – 2004
- Mediation training curriculum – 2004
- Handbook on Victim Offender Mediation – 2006
In 2005 a pilot mediation centre was established in the capital city of Chisinau. The centre
started with mediation in juvenile cases, but quickly moved to include adult
cases as well. In 2006 and 2007, two more pilot centres opened, one in Ungheni
in Nothern Moldova and the
other in Cahul in southern Moldova,
From 1 February 2005 to 1 March 2007, the mediation centres received 200
referrals to mediation. After review:
- 156 cases were selected for mediation
- 121 cases completed mediation
- 68 juvenile cases
- 53 adult cases
- 76% of mediated cases reached a reconciliation agreement
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Sources used:
The Criminal Procedure Code of the Republic of Moldova
Lynette Parker
September 2007
