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

The Implementation of Restorative Justice in the Republic of Moldova. European Forum for Restorative Justice.

Institute for Penal Reform.

Lynette Parker
September 2007