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Th is article is based on the results of scientifi c research conducted within the project “Th e pilot implementation of the Community Court model in Poland as an institutional bridge between the judiciary, local government authorities and social organizations to facilitate the implementation of restorative justice in practice”. Th e project was funded by the National Centre for Research and Development under the programme “Social Innovations” according to the agreement No. /IS-1/039/ NCBR/2014. Within the project, fi ft y court cases, which had been previously referred to victim-off ender mediation, were examined. All of them were conducted before the Th ird Criminal Division of the District Court in Białystok in 2011-2014 (fi rst half). Th e decisive criterion was the date of the court’s decision to refer the case to victim-off ender mediation. Th e ratio of settlements concluded in the course of victim-off ender mediation in criminal cases conducted before the District Court of Białystok is about 10-30% lower in comparison to the national average in each of the studied years. Th e types of crime which are most frequently referred to mediation proceedings in the District Court of Białystok and in other Polish courts do not diff er. Th e crimes against life and health, honour and personal inviolability, the family and guardianship, property as well as against freedom are the most common. Th e motions for victim-off ender mediation are usually fi led by the counsels for the defence and by the accused themselves, and subsequently the court. Th e best results in mediation settlements are reached in the cases of a joint initiative of the parties. In cases in which the settlement was concluded, the court most frequently applied a conditional discontinuance of proceedings or imprisonment with conditional suspension of its execution. Th e failure of mediation resulted mainly from the lack of agreement by the parties, and subsequently from the absence or refusal to participate in mediation by the accused or the victims. Mediation completed with a settlement eff ectively prevents from lodging an appeal against the sentence of the fi rst instance court. Th e appeal was lodged only in 12.5% of such cases.

białostockie studia prawnicze

The Effectiveness of Victim-Offender Mediation in Criminal Proceedings Carried Out in 2011-2014 in the District Court of Białystok in the Light of Files Research