Settlement and Criminal Mediation Procedure

Which step are you at?

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

1. 1Receiving a settlement proposal
2. 2Reviewing the criteria for your decision
3. 3Preparing the settlement agreement and statement of no wish for punishment
4. 4Referral to criminal mediation
5. 5Attending the mediation date
6. 6Criminal deposit
7. 7Confirming receipt of settlement money / Responding to non-payment

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

Time required

Varies by case and the state of negotiations

Cost

The law does not set any cost the victim pays for a settlement or criminal mediation (if you get advice from a lawyer, that cost is separate)

Procedure guide

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

1. 1

   The offender's side (the offender or defense counsel) proposes a settlement through the investigative agency or a lawyer. The victim has no duty to respond and no duty to give out contact details. If the offender comes to you directly or contacts you repeatedly, tell the investigator in charge.

   Current step
2. 2

   First, check whether your case is an offense prosecutable only upon complaint (an offense that can be punished only if the victim files a complaint), an offense not punishable against the victim's wishes (an offense that cannot be punished if the victim does not want punishment), or another crime. For offenses prosecutable only upon complaint and offenses not punishable against the victim's wishes, a settlement ends the case, but for other crimes it becomes material taken into account when deciding the offender's sentence. Then set the terms of the settlement, considering the amount of damage, medical costs, emotional harm and settlement levels in similar cases.

3. 3

   Write a settlement agreement stating the settlement amount, when it will be paid (payment timing), whether you do not want punishment, the scope of civil claims you will not pursue further, and whether it is confidential. Write the statement of no wish for punishment (a written statement that you do not want punishment) only after you have actually received the settlement money (Criminal Procedure Act §232). A clause saying 'no objection of any kind will be raised in civil or criminal matters' may be valid as an agreement not to file a civil lawsuit (Supreme Court 98Da63988), so be sure to check the scope of what you are giving up.

4. 4

   If a prosecutor of the Public Prosecution Office (formerly the Prosecutors' Office) refers (sends) a case in which recovery from the harm seems possible to the Criminal Mediation Committee, you receive a notice of the mediation date (the date of mediation). Mediation goes ahead only if the victim agrees. Materials or statements submitted in mediation are shown to the other side only with the consent of the person who submitted them (Crime Victim Protection Act §44(4)).

5. 5

   On the mediation date, you state the amount of damage and the terms you want in front of the mediation members and meet to work things out. If an agreement is reached, a mediation record (a document stating the agreed terms) is prepared, and the prosecutor may consider the result of the mediation when handling the case (Crime Victim Protection Act §45(4)). If no agreement is reached, the case returns to the original investigation procedure.

6. 6

   If no settlement is reached, the offender may make a criminal deposit (Deposit Act §5-2), leaving money with the court deposit office under the case number. The fact of the deposit is made known through the deposit office's internet notice, etc. (Deposit Act §5-2(3)), and the court must hear the victim's opinion before pronouncing judgment (Criminal Procedure Act §294-6). At this point, you may also state that you will not accept it. However, if you notify the deposit office that you refuse to accept it, the offender becomes able to take back the deposited money (Deposit Act §9-2(1)).

7. 7

   Submit the statement of no wish for punishment after confirming that the settlement money has come into your bank account. This is because, for offenses prosecutable only upon complaint and offenses not punishable against the victim's wishes, a wish not to punish and a withdrawal of complaint cannot be undone once stated (Criminal Procedure Act §232(2)(3)). If the offender does not pay the promised settlement money, file for a payment order or a civil lawsuit based on the settlement agreement, and if you have not yet submitted the statement of no wish for punishment, do not submit it.

Frequently asked questions

Practical questions that come up right away in this procedure.

QWhat is a fair settlement amount?

There is no standard set by law. It is decided by weighing actual losses such as medical and repair costs, income lost while you could not work, and consolation money for emotional harm.

QUntil when, and where, do I submit a statement of no wish for punishment?

You can submit it until the 1st-instance judgment is pronounced. At the police stage, submit it to the investigator in charge; after referral (the case is sent to the Public Prosecution Office), submit it to the prosecutor's office in charge.After indictment, submit it to the trial panel. Write the case number, your name and that you do not want punishment, and sign it.According to Supreme Court precedent, the wish not to have the offender punished must be expressed in a clear and reliable way. Even if you hand it to the offender's side, do so only after confirming that the settlement money has been deposited.

QIf we settle, will the offender escape punishment?

It depends on the case. Assault and intimidation are offenses not punishable against the victim's wishes, and insult is an offense prosecutable only upon complaint (an offense punishable only if a complaint is filed). For these offenses, the case ends if you settle and state that you do not want punishment.For other crimes such as fraud, bodily injury and sexual violence, the criminal proceedings continue as they are. In that case, the court takes the settlement into account as a circumstance after the offense when deciding the sentence.

QIs there a set form for the settlement agreement? Does it need to be notarized?

The settlement agreement should state both parties' names and contact details, the case number, the settlement amount and the payment date. It should also state whether you do not want punishment and the scope of any waiver of civil claims, and both parties sign it.Check with a lawyer whether notarization is needed. Receive the settlement money by bank transfer so that there is a record of receiving it.

QIf I withdraw money the offender deposited with the court, does that mean I do not want punishment?

Withdrawing the deposited money (taking out money left with the court) and expressing a wish not to have the offender punished are separate procedures under the law.So even after receiving the money, you can submit an opinion to the trial panel that you want punishment. According to Supreme Court precedent, the wish not to have the offender punished must be expressed in a clear and reliable way.If you do not want to accept the money, state this when the court asks for your opinion. Also be aware that if you formally notify the deposit office that you refuse to accept it, the offender can take the money back.

QCan I settle on my own without a lawyer?

You can settle on your own. However, be careful when the settlement amount is large, when a clause waiving civil claims is included, or when the offender's side has a lawyer.A clause agreeing not to make civil claims may be valid under Supreme Court precedent. Then you may be unable to claim damages later. In such cases, it is safer to have a lawyer review it.