Problems and Possible Solution Ways of Mediation in the Police Activity" Valencia, 23rd May 2013

Transcription

1 Problems and Possible Solution Ways of Mediation in the Police Activity" Valencia, 23rd May 2013 Saulius Gagas Public Police Board of Police Department under the MoI of The Republic of Lithuania

2 Mediation includes the following participants: a victim of a crime, a delinquent and society where they live. Mediation not only maintains close relationships among participants but also makes an assumption to strengthen it and reduce tension in the society. Mediation is applied in the community conflicts where presence of the police is obligatory and improves public opinion about the police.

3 (13 December 2012, Resolution No. XII-51) Art We will support the development and efficiency of the dispute mediation system. We will legitimise an institution of the "juge de paix".

4 Problems and solutions: It is already applicable in the police activity, however it is not legitimised (conciliation). Lack of mediation concept in the police: suggestion to create a concept of mediation in the police (apply only in particular cases, for instance,disputes regarding vehicle parking in restricted parking space, neighbours disputes, minor crimes). Lack of mediation in legal framework (no legal regulation): possible alternative measures (for instance, lawon Minimal and AverageCare of the Child of the Republic of Lithuania), educational non police function; as an alternative to fines (for instance, Art. 181 of Code of Administrative Law Offences); refusal to launch a pre-trial investigation (Criminal Procedure Code); successful mediation extenuating measure, as an alternative of procedural decision making (has to be involved in the police registers).

5 LEGAL FRAMEWORK OF MEDIATION IN THE POLICE ACTIVITY There is no instruction when to apply mediation: to define particular caseswhen to apply mediation and when not, define the procedure in case of an unsuccessful mediation. There is no mediation in job descriptions, not defined in evaluations of current workload: to annex working instructions of juvenile and district inspectors, to specify official position; to develop the workload indicator.

6 Police Department under the MoI Lectors - experts 10 mediators from 10 territorial police units and partners from Sweden

7 30 trainings were provided in each district, 180 police officers from 10 districts trained (it is more than a half of all officers working with juvenile issues). During the project there will be 10 information seminars conducted in district communities (approx., 300 participants). Developing and testing the Restorative Justice Model. International closing conference where the results of the project will be presented (approx., 100 participants and guests from Belarus, Latvia, Poland, Estonia).

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9 (Practical training Handbook) (Lessons of interactive mediation)

10 Simplified decision making in cases of petty disputes or minor crimes; Change of public opinion on the police from penal to problems solving institution; Better evaluation of the police work and greater confidence; Working measure for the police officer is necessary (through mediation the police officer becomes closer towards the society).

11 Perception of a criminal act committed by a juvenile (a juvenile will understand himself) prevention reduces the likelihood of recurrence; The expenditures of the workload shall be reduced from the point of view of the criminal justice (not only the police); Rare cases of strict measures imposed on the juveniles; Mediation is as an alternative to reformative sanctions against the juveniles; Higher satisfaction of work of the police officers.

12 Legal framework specialists? Trainings(the programme, manual, training handbook, interactive educational module wereestablished the possibility to transfer it to the Lithuanian Police School (while training the police officers); Extension of the project convincing another partners; Participation in the projects of another partners while establishing the legal framework.

13 IS MEDIATION POSSIBLE IN POLICE?

14 PHENOMENA OF UNIVERSAL POLICE OFFICER

15 FIRST RESISTANCE

16 COMPATIBILITY

17 ...?

18 THANK YOU FOR YOUR TIME With financial support from the Prevention of and Fight against Crime Programme of the European Union European Commission Directorate General Home Affairs