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Mediation   Juvenile Court
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Mediation Juvenile Court

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    Mediation   Juvenile Court Mediation Juvenile Court Presentation Transcript

    • Çocuk Adalet Sisteminde Alternatif Uygulamalar: Arabuluculuk (Mediasyon) Konferansı Belçika’da Çocuk Adalet Sisteminde Uzlaşma Restorative Justice (mediation) and Youth Protection at Juvenile Courts (Belgium) Ankara Universitesi – 17 Mart, 2007 Ankara - Turkey Paul WOUTERS - Bener Danışmanlık A.Ş. Istanbul - Turkey
    • Restorative Justice: Mediation in Juvenile Matters Belgium This summary presentation only intends to introduce the audience to the broad guidelines of some aspects of what can be called “youth protection in criminal cases” and / or “out of court settlements” in criminal cases for misdimeanors conducted by minors and such from a Belgian perspective. The brand new Belgian Law dated May 15th, 2006 will be implemented in phases, of which the “mediation” should be operational as from April 2007. For the benefit of this summary presentation some free translations have been made, some generalisations have been introduced and some aspects have been overlooked in order to stay focussed on the mechanism of the “mediation” rather then on the technical-legal technical- issues. Certain legal terms /qualifications are also being generalized (emprisonment / incarceration – offence / crime ...) in order not to go too much into detail but restrict to a general overview only. This presentation therefore is not a legal advice and does not intend to be complete. For details and further information on specific issues or implementation consult your legal adviser. Paul WOUTERS - Bener Danışmanlık A.Ş. Istanbul - Turkey
    • Restorative Justice: Mediation in Juvenile Matters Belgium The Belgian Youth “criminal” Court system is based on two important pillars: 1. Youth protection (and not punishment) 2. Restorative justice using (“group”) mediation techniques We will talk about these issues in this order of sequence and in very broad terms. Paul WOUTERS - Bener Danışmanlık A.Ş. Istanbul - Turkey
    • Restorative Justice: Mediation in Juvenile Matters Belgium Youth protection measures First of all : Until the age of 12 (twelve) there is no penalty for a child- child- delinquent that commits an offence -They are assumed to live in a problematic situation and should be protected -A warning / reproach or follow up by the Social Services or intensive educational aid will be the measure taken (in urgency matters or in exceptional situations with problematic educational environment a temporary placement is possible) -A parenting training can be offered (by prosecutor) / decided for (by Court) Paul WOUTERS - Bener Danışmanlık A.Ş. Istanbul - Turkey
    • Restorative Justice: Mediation in Juvenile Matters Belgium From the age of 12 till the age of 18 certain “regular” measures can be taken in progressive way (see basics hereafter), basic objective and goal is to keep the child “at home” Between the age of 16 till 18, subject to conditions (mainly 18, when the juvenile delinquent has commited certain serious offences or appears not to respond to pedagogical approach), and after a social and medico-psychological report, he can be send to a medico- “regular” criminal court - “given out of the hands of Juvenile Court” (a Chamber that is a special subdivision of Youth Court with 2 Judges in Juvenile matters and 1 Judge Criminal matters – for extreme serious offences: regular jury trial possible) Maximum penalty is 30 years of emprisonment and such only after the age of 18 years old in a “regular” prison Paul WOUTERS - Bener Danışmanlık A.Ş. Istanbul - Turkey
    • Restorative Justice: Mediation in Juvenile Matters Belgium Normally, measures end at the age of 20 years old Measures that stay in force after the age of 18 years old and until the age of 23 years old are possible: For certain types of offences, and such from the age of 17 years old on, measures can be taken that run until the age of 23 Same can apply to delinquents between the age of 12 till 17 years old for certain types of offences, subject to certain conditions (mainly consistent dangerous behaviour). Paul WOUTERS - Bener Danışmanlık A.Ş. Istanbul - Turkey
    • Restorative Justice: Mediation in Juvenile Matters Belgium At Court, the judicial decision should be motivated: personality, age, social environment, school, safety, seriousness of the alledged facts, danger to him/herself and to society ... The criteria offer the judge the possibility to objectivate as much as possible and tailor solutions for a specific child in a unique situation. Maximum durations have to be fixed, only to be prolonged because of bad behavior delinquent. At Court, Subsidiarity Rule: the less / lower measure is to be preferred first. The child will basically be kept at his family ... then restorative (“group”) mediation will come to function ... followed by suggestions /project by the child itself ... followed by the other measures ... Or combination thereof ... Paul WOUTERS - Bener Danışmanlık A.Ş. Istanbul - Turkey
    • Restorative Justice: Mediation in Juvenile Matters Belgium An important innovation is the parenting training For parents that are neglective and indifferent towards the education of their child and the delinquent attitude it is developping – for the benefit of the child. The aim is to develop new interest for the future / education of the child (minimal 30 hours). Penalties (financial fine – prison) are possible for not following up on the training. Parents are supposed – subject to fine – to show up at the hearings at Juvenile Court. Paul WOUTERS - Bener Danışmanlık A.Ş. Istanbul - Turkey
    • Restorative Justice: Mediation in Juvenile Matters Belgium The available measures for the Juvenile Judge are (general principles only): -Warning / Reproach -Written and approved “project” from the child itself, taking responsibility for its’ actions and choosing pedagogical and / or restorative measures that appear to be relevant and helpful -Supervision of competent Social Services -Community Services (maximum 150 hours – paid or unpaid) and educational or therapeutical programs, recognized third party activity ... -House arrest (between 18.00 Hrs and 07.00 Hrs – so attending school is possible – exemptions for sports aducation ... possible) Paul WOUTERS - Bener Danışmanlık A.Ş. Istanbul - Turkey
    • Restorative Justice: Mediation in Juvenile Matters Belgium - Placement into open educational institution (from the age of 12) - Placement into closed educational institution (from the age of 14 – unless serious, qualified offence from the age of 12) * Such measures subject to reassessment every 6 months - Placement into central closed “national / federal” institution (maximum stay 2 months and 5 days for punishments of 5 to 10 years of emprisonment at least) Paul WOUTERS - Bener Danışmanlık A.Ş. Istanbul - Turkey
    • Restorative Justice: Mediation in Juvenile Matters Belgium Placement into a youth – psychiatric institution for intensive treatment – to enhance life quality of the child - resocialization – integration into educational programs – better functioning at home and environment / society – prevention of relapse ... Paul WOUTERS - Bener Danışmanlık A.Ş. Istanbul - Turkey
    • Restorative Justice: Mediation in Juvenile Matters Belgium II. Restorative measures “Regular” restorative mediation will apply to all offences. It will involve the delinquent, the parents and the victim. “Group” restorative mediation will involve the juvenile delinquent (and parents and support network), the victim (and maybe support network) and a specialized police officer. It will be used for the more serious offences only (judge will decide) and is also aimed to restaure towards society. It can only be used at the level of “court” and also a “declaration of good intentions” (towards victim and society) will be added by the delinquent. Paul WOUTERS - Bener Danışmanlık A.Ş. Istanbul - Turkey
    • Restorative Justice: Mediation in Juvenile Matters At the Prosecutors’ Office Belgium prosecutor in juvenile matters When the police report arrives at the Prosecutors’ Office, he can send – before a decision to dismiss - a “notification of warning” to the juvenile delinquent or order him / her and his / her parents for personal appearance before him. He could also suggest a parenting training. (a court can order this) training. When appropriate, he will systematically suggest a restorative mediation, mediation, and subsequent to agreement and fulfillment of that agreement, the file will be dismissed. The Prosecutor can also bring the file before the Judge in Juvenile Matters. The Prosecutor cannot decide upon any other condition or measure, only the Judge can after “guilty” decision. Paul WOUTERS - Bener Danışmanlık A.Ş. Istanbul - Turkey
    • Restorative Justice: Mediation in Juvenile Matters Belgium Conditions: A restorative mediation can be held: -Serious indications of guilt -The juvenile delinquent does not deny the facts -The victim has been identified -Voluntary participation of all parties (delinquent – parents – victim) -Can be “shuttle” mediation Paul WOUTERS - Bener Danışmanlık A.Ş. Istanbul - Turkey
    • Restorative Justice: Mediation in Juvenile Matters Belgium -To go (or not) for the mediation must be a motivated decision (dismissal excepted) -Right of consultation of lawyer for the juvenile delinquent and other parties before the start of the mediation and before signing of the agreement -An agreement must always be validated by the Prosecutor (except for violation of public order) -And success must be taken into account for the final decision -Failure is no acceptance or indication of guilt -confidentiality Paul WOUTERS - Bener Danışmanlık A.Ş. Istanbul - Turkey
    • Restorative Justice: Mediation in Juvenile Matters Belgium At the Juvenile Court -Serious indications for guilt -The juvenile delinquent does not deny the facts -The victim has been identified -Voluntary participation of all parties (delinquent – parents – victim) -Can be “shuttle” mediation -Can be suggested throughout the whole procedure Right of consultation of lawyer for the juvenile delinquent before the start of the mediation and before signing of the agreement. At Juvenile Court, a lawyer is always appointed for the juvenile. Paul WOUTERS - Bener Danışmanlık A.Ş. Istanbul - Turkey
    • Restorative Justice: Mediation in Juvenile Matters Belgium Mediation by a neutral, recognized third party (mediation service) upon request of the Prosecutor or the Judge. If no reaction from the parties within 8 days after invitation thereto by the Prosecutor / Judge, the mediation service will contact the parties themselves. Confidential – no confession – with summary report for court to be agreed upon by all parties. Agreement only not ratified if contrary to public order. Paul WOUTERS - Bener Danışmanlık A.Ş. Istanbul - Turkey
    • Restorative Justice: Mediation in Juvenile Matters Belgium Given to court, together with concise report of the Mediation services about the mediation itself. That concise report only gives short summary of proceedings and should not contain any information that could “harm” any of the parties. The mediator is bound by confidentiality: penal sanctionned professional secrecy. The mediation services are specially recognized services, that will give the mediators basic trainings and follow up. Paul WOUTERS - Bener Danışmanlık A.Ş. Istanbul - Turkey
    • Restorative Justice: Mediation in Juvenile Matters Belgium Success will be taken into account. When completion of the agreement after the court decision, case can be re- re- opened in order to “soften” the measures. If failure to complete the agreement: presumption of guilt. Paul WOUTERS - Bener Danışmanlık A.Ş. Istanbul - Turkey
    • Restorative Justice: Mediation in Juvenile Matters Belgium The MEDIATOR Registered at recognized Mediation Service -Trained and updated -Bound by professional secrecy -Neutral, impartial to the dispute and the parties -Cannot be witness at court -Initiated by the Mediation Service on demand of Prosecutors’ Office or Juvenile Judge -Mostly recruted from competent Social Services -Should not be confused with “victim aid” Paul WOUTERS - Bener Danışmanlık A.Ş. Istanbul - Turkey
    • Restorative Justice: Mediation in Juvenile Matters Belgium Bener Danışmanlık A.Ş. Yapı Kredi Plaza C Blok Kat:1 34330 Levent – Istanbul Paul Wouters Tel : + 90 (212) 325 02 32 / ext 127 Fax : + 90 (212) 325 10 66 Cell : + 90 (535) 656 23 24 E-mail: paul.wouters@bener.com.tr Paul WOUTERS - Bener Danışmanlık A.Ş. Istanbul - Turkey