Criminal Mediation and Settlement Procedure

Which step are you at?

Select your current step and the content for that step will appear below.

1. 1Deciding on a Settlement and Calculating the Amount
2. 2Proposing a Settlement
3. 3Application and Referral to Criminal Mediation
4. 4Notice of Mediation Date and Preparation
5. 5Attending the Mediation Date
6. 6Receiving the Settlement Agreement and Statement of No Wish for Punishment
7. 7Reflection in Disposition and Sentencing

• Basic step
• Additional action / option
• Rejection / objection
• End of procedure

Time required

The time taken for settlement negotiations and criminal mediation differs from case to case

Cost

The law does not set any fee to be paid by the parties to criminal mediation. The settlement money and, if you hire a defense lawyer, a retainer fee are costs

Procedure guide

Read from start to finish in order. Red text marks deadlines set by law.

1. 1

   First, check what type of case yours is. The effect of a settlement differs depending on whether it is a crime prosecuted only upon complaint (a crime punishable only if the victim files a complaint), a crime not punishable against the victim's wishes (a crime that cannot be punished if the victim does not want punishment), or another crime. Then set the range of the settlement amount by weighing the victim's actual losses such as medical or repair costs, emotional harm, the level of settlements in similar cases and the amount you can pay.

   Current step
2. 2

   Even if you inspect and copy the criminal complaint and other documents, personal information such as the victim's contact details is left out (Investigation Rules §69(3)). Go through your defense lawyer, or ask the investigator in charge or the prosecutor's office to pass on that you wish to settle. The victim has no obligation to respond, so put your apology letter and settlement terms in writing and pass them on. When deciding on detention, the court considers the risk of harm to the victim (Criminal Procedure Act §70(2)), so do not visit the victim directly or contact the victim repeatedly.

3. 3

   After the case has been sent to the prosecutor (referral), submit an application for criminal mediation to the prosecutor's office in charge, or say during questioning that you want mediation. If the prosecutor of the Public Prosecution Office (formerly the Prosecutors' Office) finds that the damage can be restored, the prosecutor refers the case to the Criminal Mediation Committee (Crime Victim Protection Act §41). If the victim does not agree, mediation is not held, so after indictment also consider a criminal deposit. Criminal mediation is a procedure to which the prosecutor refers a case before deciding whether to indict.

4. 4

   The Criminal Mediation Committee tells you the mediation date (the day mediation is held) and place. Before then, sort out the settlement amount you can pay, the method and timing of payment and how you will apologize, and prepare a draft settlement agreement. The prosecutor may handle the case taking the result of criminal mediation into account (Crime Victim Protection Act §45(4)), so set only terms you can keep.

5. 5

   Attend on the mediation date, apologize in front of the mediators and state your settlement terms. Check in advance with the Criminal Mediation Committee whether your defense lawyer can attend with you and whether the session can be held separately from the victim. A notice is given for each mediation date (Enforcement Decree §51). The prosecutor cannot hold the fact that mediation did not succeed against you (Crime Victim Protection Act §45(4)), but the law has no rule that prevents what was said in mediation from being used as evidence, and the mediation process is written up and sent to the prosecutor, so be careful about what you say (§45(1)(3)).

6. 6

   If a settlement is reached, write in the mediation record or settlement agreement the settlement amount, the time of payment, whether punishment is not wanted, and the extent to which no further civil claims will be made. After sending the settlement money by bank transfer, receive a statement of no wish for punishment (a written statement that punishment is not wanted). For crimes prosecuted only upon complaint and crimes not punishable against the victim's wishes, the case ends if the statement of no wish for punishment is submitted before the 1st-instance judgment is pronounced (Criminal Procedure Act §232). If no settlement is reached or the victim refuses to the end, consider a criminal deposit (Deposit Act §5-2) after indictment.

7. 7

   Submit the settlement agreement and statement of no wish for punishment to the prosecutor's office in charge at the investigation stage, or to the trial panel after indictment. The prosecutor may decide not to indict, taking into account circumstances after the crime and other factors (Criminal Procedure Act §247), and the trial panel takes this into account when deciding the sentence (Criminal Act §51). Be sure to make the payments you promised.

Frequently asked questions

Practical questions that come up right away in this procedure.

QI do not know the victim's contact details. How do I propose a settlement?

Convey your wish through the investigative agency. This is because the investigative agency does not give out the victim's contact details.Ask the investigator in charge or the prosecutor's office to pass on that you wish to settle, or have your defense lawyer contact the victim's side. If the victim does not respond, apply for criminal mediation, or after indictment consider a criminal deposit.

QWhere is criminal mediation held, and does it cost anything?

It is held at the Criminal Mediation Committee set up at the District Public Prosecution Office or branch office handling the case. Criminal mediators are appointed in advance by the head of the District Public Prosecution Office or branch office from among people with expertise, such as legal knowledge, and good standing.The committee consists of 2 or more members. The law does not set any fee to be paid by the parties.The place and time of mediation are given in the notice of the date. So if you need to adjust the schedule, contact them in advance.

QHow do I apply for criminal mediation?

Submit an application for criminal mediation to the prosecutor's office in charge, or say during questioning that you want mediation. It is not held if the victim does not agree. Criminal mediation is a procedure to which the prosecutor refers a case before deciding whether to indict.So apply after the case has been sent to the prosecutor (referral). If the victim does not agree, also consider a criminal deposit after indictment.

QWhat is an appropriate settlement amount?

There is no fixed standard. Add up the victim's actual losses such as medical or repair costs, lost income for the period the victim could not work, and consolation money (compensation for emotional harm). Then decide by referring to the level of settlements in similar cases.The prosecutor may handle the case taking the result of the criminal mediation into account. So set it within what you can actually pay.

QCan what I say in mediation be used against me at trial later?

The fact that mediation did not succeed cannot by itself be held against the suspect. However, the law has no rule that prevents what was said in mediation from being used as evidence.The Criminal Mediation Committee writes up the mediation process and sends it to the prosecutor. So if you are contesting the charges, be careful about what you say in mediation too.

QWhere do I submit the settlement agreement and the statement of no wish for punishment?

During the investigation, submit them to the investigator in charge or the prosecutor's office; after indictment, to the trial panel. Write the case number, both parties' names, the settlement amount and payment date, and the statement that punishment is not wanted, and have the victim sign it.Check with the place of submission which documents to submit together. Send the settlement money by bank transfer to leave a record.