Aktualny model mediacji w procesie karnym – charakterystyka i uwagi de lege ferenda
The current model of mediation in criminal proceedings – characteristics and de lege ferenda remarks

Summary/Abstract: The current model of mediation in Polish criminal proceedings does not result in the popularity of its use in practice. The aim of this article is to reflect on the causes of this phenomenon and propose potential legislative changes that would enhance functionality of mediation. The two-part title of this article indicates two main issues to be addressed: the characteristics of the mediation model and de lege ferenda remarks. Firstly, the former will be presented, taking into account the relevant provisions of the EU law and the principle of speed of criminal proceedings. Next, the author will outline the provisions of the Polish Code of Criminal Procedure related to mediation proceedings, especially those that may apply when a positive result from mediation is achieved. An analysis of the Code will allow for identification of the current impact of a positive mediation outcome on criminal proceedings, particularly with regard to delivering a judgment. In order to point out de lege ferenda remarks it is necessary to identify the reason why the institution of mediation requires changes. The reason for it is the small number of cases referred to mediation during criminal proceedings. This fact will be illustrated in the article based on available studies and statistical data. The current state of affairs is the result of the adopted mediation model. According to the author, this leads to the conclusion that the accused systematically does not benefit sufficiently from having their case referred to mediation. In the light of the inevitable changes that the Polish criminal process is facing, a positive mediation outcome should have a greater impact on criminal proceedings. Consequently, the author argues that there is a need to raise the rank of mediation by introducing a separate premise for discontinuing proceedings in the event of executing a mediation agreement.

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