How does the "win-win" strategy in the criminal process help victims to get full satisfaction, and juvenile offenders – a chance for a happy future?

On January 24, 2023, it will be four years since the project "Rehabilitation program for minors who are suspected of committing a criminal wrong" has been implemented in Ukraine. Today, this is the only mechanism that allows teenagers who have committed a criminal misdemeanor or a minor crime for the first time to get a chance not only to be released from criminal liability, but to get the necessary help from a psychologist, rethink what they did, reconcile with the person who was harmed, undergo training or participate in other resocialization measures, and as a result, get on the real path of correction.

All that is necessary for it is the desire of a child, the consent of their parents (legal representatives) and a victim, as well as the real desire of all participants in the process of achieving reconciliation and giving a minor the opportunity to rehabilitate and not to receive the stigma of a criminal for the rest of their life.

Over the years, thanks to this Program, more than 424 teenagers have had the chance to correct their mistakes and build a decent future.

How does it happen?

To begin with, it is worth noting that the participation of a lawyer is mandatory in any criminal proceeding where a minor appears as a suspect. That is, if a child gets into a legal trouble, and a family does not have the funds to hire a lawyer, the appointment of a defense attorney should be immediately requested from the investigator or prosecutor conducting a criminal case. In such a case, a lawyer is appointed by the relevant regional center for providing free secondary legal aid at the request of the pre-trial investigation body, and their services are paid for at the expense of state funds.

If a minor is suspected of committing a criminal misdemeanor or a minor crime for the first time, the prosecutor must inform both a minor themself and their representatives, as well as a victim, about the possibility of participating in the Rehabilitation Program. If the parties want to take advantage of this opportunity, a specialist mediator (whose services are also paid for by the state) who has special skills and knowledge in the field of mediation and resolution of conflicts is involved in the case, once again, through the regional center for providing free secondary legal aid.

The mediator holds meetings with the parties to discuss the situation that occurred and tries to reach an agreement on ways to resolve the conflict between them. An important aspect in these negotiations is that the person who suffered from the actions of a minor, as a result, receives not only quick and effective compensation for the damage caused, but also an opportunity to restore a sense of security (as claimed by 85% of the interviewed victims). Therefore, this procedure provides assistance to cope with negative emotions and feelings that were the consequence of a crime committed against a person, to receive real moral satisfaction by seeing with one's own eyes whether the offender realized their responsibility and whether they are ready to take the path of correction and not to commit similar actions in the future.

If an agreement is reached in the mediation procedure, the relevant Agreement on the application of the Rehabilitation Program is concluded between the parties, which becomes the basis for the further release of a minor from criminal liability in court.

What resocialization measures can be applied to minors who took part in the Program?

Individual classes and trainings with a psychologist, courses of psychological correction, work in psychological groups, sports sections, classes aimed at the development of intellectual or creative skills of a child... And this is far from an exhaustive list.

In order to determine specific measures for the child's development and resocialization, during the mediation process a psychologist is involved, who creates a psychological portrait of a child and determines exactly what classes, trainings, or other methods of resocialization this particular child needs.

In any case, for determining the measures that can be foreseen in the agreement, the regional centers for providing free secondary legal aid cooperate with the State institution "Probation Center", agencies, organizations and NGOs whose activities are aimed, in particular, at the development of minors’ personalities and their resocialization.

The duration of a minor's participation in the Recovery Program depends on the situation and measures for resocialization, and it can averagely last from one to four months.

It is worth mentioning that the increase in the cases’ number with the application of the conciliation process (mediation) in criminal proceedings is a path that European countries have been heading for a long time. After all, in addition to the banal saving of time and state funds, it is the mediation that allows victims of crimes to restore their rights in the most ecological, efficient and rapid way.