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Czarnecka-Dzialuk, Beata and Wojcik, Dobrochna. Victim-Offender Mediation with Juveniles in Poland.

The European Commission’s Grotius II Criminal Programme initiated a project to address the need for better understanding of victim-offender mediation practices with juvenile offenders and justice systems in Europe. Under this project, studies were contracted and research papers produced to examine the situation in a number of European countries. Each study covered the following matters: norms and legislation allowing for the implementation of VOM programs; theoretical frameworks of VOM centers; organizational structure of VOM centers; categories and profiles of juvenile offenses; professional characteristics and job satisfaction of mediators; and advantages and criticisms of VOM. The papers were presented and discussed at a final seminar in Bologna, Italy, September 19-20, 2003. Within the categories mentioned above, this particular paper surveys victim-offender mediation with juveniles in Poland.

Czarnecka-Dzialuk, Beata and Wojcik, Dobrochna. Victim-offender mediation in Poland

The authors mark the beginning of interest in mediation in Poland in the early 1990s. A group of government employees and representatives from a non-governmental organizational helping prisoners visited German mediation centers. At the same time, several researchers and academics in criminology and especially juvenile justice became interested. They sought new ways of responding to crime – helping juveniles better and meeting the needs of victims. An organizing group worked on directions for the development of mediation programs in Poland: experiments in mediation; legal principles; training for mediators; seminars and conferences; and publication of information on mediation. Experimental programs targeted at juveniles were initiated in 1996, and other steps were taken (e.g., an international conference in 1995, and training sessions for mediators). The Codes of Criminal Law and Criminal Procedure (in force since 1998) include specific articles on victim-offender mediation. The Minister of Justice regulates the process of mediation and the people and organizations permitted to conduct mediation. The Juvenile Justice Act does not have special provisions concerning victim-offender mediation, but its flexibility permits the application of mediation in this sphere. Among criminal justice officials and legal structures there is significant support for mediation in juvenile justice. It is not clear that there is the same level of support for mediation in adult justice cases. Judges, prosecutors, and police express interest in the possibilities but also raise deep concerns about it. The authors present statistics on the number and types of mediation cases, mediation organizations, and mediators in Poland. They also provide an overview of the practice of mediation.

Miers, David and et al. Polish Restorative justice and practice in Poland and Britain: Report of a British and Polish Academies' exchange initiative (International Co-operation on the Implementation of Restorative Justice in Poland and Great Britain).

This Report has been compiled from the activities that have been organised as part of a three-year project funded by the British Academy and the Polish Academy of Sciences. Its purpose is to exchange information and experience about the use and effects of restorative justice and victim-offender mediation for both adult and juvenile offending. The Report includes reflections on Polish practice, and papers given by Polish and British experts. It is intended to inform colleagues (in whatever capacity) working with restorative justice and victim offender mediation of developments within Poland and Great Britain. The project is set in the broader context of the various European developments that have taken place over the past decade. Articles 10 and 17 of The European Union’s Framework Decision on the Standing of Victims in Criminal Proceedings, which oblige Member States to adapt their legislation in order to promote victim-offender mediation by March 2006, is of particular relevance. The Polish criminal justice system’s responses to crime are, in the case of restorative justice interventions, less well developed than in Great Britain. From the Polish perspective, the principal objective of this research proposal is to gather information about the design and delivery of such interventions for the purpose of informing their own initiatives.

Wojcik, Dobrochna. Restorative Justice

Focusing on restorative justice in Poland, this chapter details Poland’s goals for instituting and furthering restorative justice programs. Arguing that the primary aim of restorative justice is to repair the wrongs and the author argues that Poland’s new Penal Code of 1997 broadened the scope of victims’ procedural rights, addressing premises similar to those found in restorative justice programming. Describing some of the new institutions developed by the Penal Code and the Criminal Procedure Code, the chapter discusses offender-victim mediation and conciliation. Arguing that new penal codes oblige offenders to pay reparations to victims, the author suggests that offender’s efforts to offer redress to their victims are now one of the factors affecting the penalties handed down by Poland’s courts. Addressing the radical changes in the restriction of liberty attributed to the new Penal Code of 1997, the author maintains that the penalty of restricted liberty provides an alternative to a fine for offenders unable to make reparations to their victims or their victims’ families. According to the author, since the new Polish Penal Code of 1997 went into effect, 379 criminal cases have been directed to mediation, and penalties of restricted liberties were applied to 16,785 persons. The author concludes that international cooperation in the area of promoting restorative justice has been particularly successful in Poland over the last several years. Abstract courtesy of National Criminal Justice Reference Service, www.ncjrs.org.

Government of Poland.. Code of Criminal Procedure.

Article 23a is relevant to restorative justice. The text is in Polish.

Government of Poland.. Criminal Code of the Republic of Poland.

Articles 53(3), 60(2.1) and 66 (3) are relevant to restorative jutsice. The text is in Polish.

Nielaczna, Maria. The First School of Restorative Justice in Poland

The Association for Legal Intervention, in cooperation with the Polish Academy of Sciences, has created the first School of Restorative Justice in Poland. The initiators are three members of the Association: Witold Klaus, Dorota Jaworska and Maria Nielaczna. They started planning the project in the summer of 2005, its concept having been raised during meetings and discussions among them, with academics and students interested in RJ. The main purpose of the School is to educate ‘experts’ in RJ and prepare them to put it into practice in their environment. (excerpt)

Czwartosz, Elzbieta. Awareness of RJ among lawyers in Poland (abstract).

The aim of the study that will be presented was to diagnose the level of knowledge of RJ and mediation procedures among lawyers (including practitioners like judges, prosecutors and future lawyers-students). The subject of our interest was how the respondents assessed advantages, restrictions and dangers connected with implementing mediation into the criminal law system. The study consisted of three aspects: 1) The way of understanding the idea of RJ, i.e. presumptions concerning the model of RJ, knowledge of consequences of new law order, knowledge of law settlements concerning the application of mediation. 2) Attitudes towards the institution of mediation in the community of lawyers, beliefs concerning efficacy of mediation in penal conflicts and reasoning for its application in different phases of the trial process. 3) Preferred model of conducting mediation in court practice: expectations connected with the role and function of mediator, beliefs concerning the reasoning of mediation application in certain types of penal conflicts, views concerning criteria for the selection of cases for mediation. Author's abstract.

Platek, Monika. The Legal Side of Mediation, for Adults (RJ conferences in Poland - the rise of the new legal practice).

I have collected the arguments put forward by judges and prosecutors against mediation. I hope that I can counteract them with other arguments ensuing from the work of the court itself perceived from the outside. For several years now I have been reading lectures and holding seminars on "The Policy of Criminal Punishments in the Countries of the European Union." One of the assignments I give my students under this topic is to find out how Article 6 of the European Convention, which is also in effect in our country, is implemented in Polish judicial practice. The results of this work are extremely interesting and show very positive changes in the Polish courts. At the same time, they ruthlessly show the discrepancy of the arguments put forward by practicing members of the law against mediation. (excerpt)

Polish Restorative justice and practice in Poland and Britain: Report of a British and Polish Academies' exchange initiative

This is a three-year project funded by the British Academy and the Polish Academy of Sciences. Its purpose is to exchange information and experience about the use and effects of restorative justice and victim-offender mediation for both adult and juvenile offending. The project is set in the broader context of the various European developments that have taken place over the past decade. Articles 10 and 17 of The European Union’s Framework Decision on the Standing of Victims in Criminal Proceedings, which oblige Member States to adapt their legislation in order to promote victim-offender mediation by March 2006, is of particular relevance. The Polish criminal justice system’s responses to crime are, in the case of restorative justice interventions, less well developed than in Great Britain. From the Polish perspective, the principal objective of this research proposal is to gather information about the design and delivery of such interventions for the purpose of informing their own initiatives. This work was undertaken by Dr. David Miers and his team in conjunction with colleagues in Poland.

Victim Offender Mediation: Short Notes From Poland.

In 2003, laws and regulations concerning victim-offender mediation were modified in Poland. One result of these changes is that more cases are now eligible for VOM than before. Dr. Elżbieta Czwartosz, a professor of psychology at the University of Warsaw, reviews these developments and provides information on the number and types of cases referred to mediation in recent years, as well as the use of mediation agreements in court decisions.

Czwartosz, Elzbieta. Qualifications of Mediators between Victims and Offenders in Poland

Dr. Czwartosz provides an update on expanded victim offender mediation law and practice in Poland. In 2003, new regulations allowed courts to utilize mediation and apply its results at any time during the judicial process.

Czwartosz, Elzbieta. Victim - offender mediation. Short notes from Poland

In Poland, a number of options for training in victim offender mediation (VOM) have been developed over the past several years. The law also now allows mediation to be used and to affect the justice system outcomes for both adult and juvenile cases.

Kuzelewski, Dariusz. Victim-offender mediation: an institution of the postindustrial society

Victim – offender mediation has a chance to adapt criminal trial to the reality of the third wave civilization.