Criminal mediation is an alternative to prosecution.
This measure seems appropriate in the face of an identified victim who has come to file a complaint for neighborhood conflicts, non-representation of children, light violence, nightly noise, insults, simple theft, threats ...
Article 41-1, 5 ° of the Code of Criminal Procedure considers mediation as a means of finding an amicable arrangement between the victim and the perpetrator, while preserving public order.
The agreement of the victim and the perpetrator are essential to consider this measure.
They are summoned before a mediator of the Republic who will try to find an agreement between the two parties to end the case.
This presupposes that the offender acknowledges the facts and undertakes to make reparation to the victim on terms that the latter deems acceptable. It will then be a question of reimbursing or paying damages to the victim.
If they come to an agreement, the mediator, will draw up a report, bearing his signature and that of the parties. A copy of the report is given to them.
Since the law of March 9, 2004, if the perpetrator does not pay the sums he had undertaken to pay, the victim will only have to produce this report to the judge for him to issue a enforceable title. The debtor will be prosecuted by a bailiff according to the rules of the code of civil procedure.
Mediation can take place in a house of justice or a court and the parties can be assisted by a lawyer.
In the event of disagreement, non-presentation or non-compliance with the terms of the agreement, the mediator reports to the public prosecutor who will decide either to initiate proceedings in court or to close the case.
Mediation is free.
