Penal Mediation in the Framework of Juvenile Deliquency in Albania: Education or Re-education

Abstract

The mediator gives room to conduct negotiations in criminal matters. Though, the scope of application of penal mediation, not only in Albania but beyond, is unfortunately limited to a restricted number of provisions, mainly referring to criminal contraventions. For instance, mediation is possible in cases of criminal offences related to bodily injuries, injury due to negligence, violation of domicile or cafés and so on but we will dwell on this topic latter while the Albanian legislation in the field of mediation will be analyzed. In all these cases and featuring a key characteristic of this Institute is the fact that mediation is not compulsory. Judicial authorities and all other operators of the justice system cannot force the victims or perpetrators of offences to consent to mediation procedure. This may occur in no case. The victims and perpetrators may and should jointly decide to initiate the mediation procedure, referring to the mediator or mediators. In respect of juveniles, as equally applied in the criminal and criminal procedural legislation, the organic law on mediation provides all necessary safeguards provided for in the domestic and international legislation (Paragraph No. 12 of Recommendation No. R (99) 19 of the Committee of Ministers addressed to the member states in respect of mediation in criminal matters (Approved by the Committee of Ministers on 15 September 1999 in the 697th meeting of the deputy ministers). The principle of confidentiality is another typical and core element for the functioning of mediation procedure, particularly in reference to cases of juvenile perpetrators or victims. This principle is translated to the confidentiality of not only cases/facts of concrete circumstances of cases but also the results drawn during the mediation process.

DOI: 10.5901/ajis.2014.v3n6p431