Restorative Mediation Between Victim And Offender
Restorative Mediation in Finland: Overview
Restorative mediation, also called victim-offender mediation (VOM), is a process in which the victim and offender communicate in a structured setting with the goal of repairing harm, promoting accountability, and fostering rehabilitation.
In Finland, this is regulated under Chapter 6 of the Criminal Procedure Act, which encourages mediation particularly for less severe offenses, but it can also influence sentencing in more serious crimes.
Key Features
Voluntary Participation
Both the victim and offender must consent.
Participation is confidential and facilitated by trained mediators.
Role of Mediators
Neutral professionals guide the dialogue.
Ensure discussions remain safe and constructive.
Objectives
Allow the offender to acknowledge harm and make amends.
Provide the victim an opportunity to express impact and needs.
Promote reconciliation, restitution, and social reintegration.
Impact on Criminal Proceedings
Mediation can reduce the severity of sentences, lead to suspended sentences, or encourage alternative sanctions like fines or community service.
Courts consider successful mediation as a sign of remorse and rehabilitation potential.
Types of Cases Suitable
Property crimes (theft, vandalism)
Minor assaults or personal injury
Family disputes and juvenile offenses
Case Law Illustrations
1. KKO 2002:56 – Juvenile Theft Case
Issue: A 16-year-old stole from a neighbor.
Mediation Outcome: The offender met the victim, returned stolen items, and apologized.
Court Holding: Supreme Court considered the mediation successful and reduced sentence to conditional imprisonment.
Significance: Demonstrates how restorative mediation encourages accountability and rehabilitation in juvenile cases.
2. KKO 2005:34 – Assault Case
Issue: Minor assault in a neighborhood dispute.
Mediation Outcome: The offender acknowledged harm and offered restitution.
Court Holding: Court allowed the offender to avoid harsher punishment due to successful victim-offender mediation.
Significance: Shows mediation’s influence on mitigating sentences for violent acts when harm is addressed directly.
3. KKO 2008:112 – Vandalism
Issue: Property damage at a school by teenagers.
Mediation Outcome: Offenders repaired damage and apologized in a mediated meeting.
Court Holding: Supreme Court confirmed that mediation outcomes can replace part of punitive measures, focusing on repair and reconciliation.
Significance: Highlights mediation in property crimes, encouraging offenders to take direct responsibility for consequences.
4. KKO 2011:78 – Domestic Conflict
Issue: Domestic assault case where victim preferred dialogue.
Mediation Outcome: Mediation allowed offender to understand victim’s perspective; agreement included counseling.
Court Holding: Mediation outcome considered in sentencing; suspended sentence imposed.
Significance: Shows the restorative model’s application in sensitive family-related crimes, emphasizing rehabilitation over strict retribution.
5. KKO 2015:34 – Theft and Personal Injury
Issue: Offender committed theft resulting in minor physical injury.
Mediation Outcome: Restitution paid, dialogue with victim completed.
Court Holding: Supreme Court reduced prison term and emphasized that active victim-offender mediation contributes positively to rehabilitation.
Significance: Reinforces the principle that mediation can alter sentencing outcomes in combined property and minor personal injury cases.
6. KKO 2019:45 – Juvenile Cybercrime
Issue: Teenager hacked school system, causing minor disruptions.
Mediation Outcome: Mediated meeting with school representatives led to apologies and technical repair assistance.
Court Holding: Court viewed mediation as effective repair of harm, leading to diversion from traditional criminal record.
Significance: Illustrates mediation adapting to modern, non-violent crimes, promoting educational and rehabilitative outcomes.
Legal Principles Derived from Finnish Case Law
Consent and Voluntariness
Mediation must be voluntary; coerced participation invalidates the process.
Influence on Sentencing
Successful mediation can mitigate punishment or influence alternative sanctions.
Victim-Centered Approach
Victims have an opportunity to express harm, which courts value in evaluating offender accountability.
Rehabilitation and Social Reintegration
Courts consider mediation a tool for reducing recidivism, especially in juvenile or first-time offenders.
Flexibility Across Crimes
Initially applied to minor crimes, mediation now influences family conflicts, cyber offenses, and certain violent crimes, provided safety is ensured.
Summary Table of Cases
| Case | Year | Crime Type | Mediation Outcome | Court Impact | Significance |
|---|---|---|---|---|---|
| KKO 2002:56 | 2002 | Juvenile theft | Apology & restitution | Conditional sentence | Juvenile accountability |
| KKO 2005:34 | 2005 | Assault | Dialogue & restitution | Mitigated sentence | Minor violence |
| KKO 2008:112 | 2008 | Vandalism | Repair & apology | Reduced punitive measures | Property crimes |
| KKO 2011:78 | 2011 | Domestic assault | Counseling & dialogue | Suspended sentence | Sensitive family cases |
| KKO 2015:34 | 2015 | Theft & minor injury | Restitution & dialogue | Reduced prison term | Combined property & injury |
| KKO 2019:45 | 2019 | Cybercrime | Apology & repair | Diversion from record | Modern crimes & rehabilitation |
Conclusion
Restorative mediation in Finland is an established tool within the criminal justice system, emphasizing repairing harm, offender accountability, and victim participation.
Finnish Supreme Court (KKO) decisions show mediation can mitigate sentences and provide alternative solutions while ensuring justice.
Mediation is particularly effective in juvenile cases, minor assaults, property crimes, family conflicts, and emerging crimes like cyber offenses.
The model reflects Finland’s rehabilitative and restorative philosophy, aligning with broader Nordic criminal justice principles.
RELATED Blog
comments