Mediacja w polskim prawie karnym – daremna alternatywa czy niewykorzystywana szansa?

Abstract

Mediation is the only method of the alternative dispute resolutions, that has found its place in Polish criminal law. Despite being in force for over 20 years, mediation is still used very rarely – in previous years the percentage of cases which were referred to mediation amounted to 0.16%. The main problems identified are the following: the low level of mediation acceptance by authorities which can refer a case to mediation, the time limits regarding mediation proceedings and the ineffective attempts to regulate possibility to discontinue of proceedings because of mediation. Article draws attention to problems that mediation is facing in Poland. They are confirmed, inter alia, in the Ministry of Justice reports. It also compares Polish legislation regarding mediation with selected indications from the Recommendation of the Committee of Ministers of the Council of Europe on mediation in criminal matters. The analysis of the above mentioned made it possible to critically evaluate current legal regulations in relation to applying mediation.