Problems of Implementing Restorative Mediation in Criminal Cases Involving Minors (Based on Materials from the Arkhangelsk Region)

• Published in: DEStech Transactions on Social Science, Education and Human Science
• Main Authors: Nina, Skripchenko, Yana, Korneeva
• Format: Article in Journal/Newspaper
• Language: unknown
• Published: DEStech Publications, Inc. 2020
• Subjects: Restorative mediation; Minors; Law enforcement; Efficiency; Restorative technologies; Juvenile delinquent; Termination of criminal pros; Arkhangelsk
• Online Access: https://www.dpi-journals.com/index.php/dtssehs/article/view/34682; https://doi.org/10.12783/dtssehs/ecemi2020/34682

The Arkhangelsk region is one of the entities in which rehabilitation programs in criminal cases involving juvenile crimes are implemented. An analysis of static data reflecting the conduct of conciliation procedures indicates a tendency towards a reduction in recovery programs that has been emerging since 2018, due to a departmental change in practice that focuses on the termination of criminal cases against minors with the use of coercive educational measures. The expansion of the practice of ending criminal prosecution in connection with the use of compulsory educational measures by reducing the implementation of rehabilitation technologies has led to a change in the quality structure of juvenile delinquency. The decrease in the number of juvenile repeat crimes that has been outlined since 2016 has given way to an increase in 2018. At the same time, the proportion of repeat crime in the application of conciliation procedures is 5.6%, and in the case of coercive educational measures 7.8%. The results of a survey of law enforcement officers (judges, investigators, investigators) indicate a diametrically opposite attitude to the introduction of mediation in criminal proceedings involving minors. Investigators and interrogators do not consider restorative technologies as a promising direction in the development of criminal justice. Judges, focusing on the fact that the use of restorative technologies contributes to redress, reduce conflict between the victim and the guilty, believe that mediation has significant preventive potential and, given the circumstances of a completely crime and the identity of the perpetrator, can be used not only in criminal cases of crimes minor and medium gravity crimes (as enshrined in the criminal law), but also for serious crimes.