Regulation on Juvenile Criminal Mediation

[2] Juvenile criminal mediation is a procedure through which the Juvenile Magistrate or the Juvenile Court commissions a qualified and independent organization or person, the mediator (hereinafter mediator), to conduct meetings to find a freely negotiated solution between one or more victims and one or more minors accused of acts liable to constitute a criminal offense.

[2] Art. modified by R 2.7.2013; in force from 5.7.2013 - BU 2013, 339; previous modification: BU 2010, 440.

Mediation is carried out by one or more mediators appointed for this purpose by the competent authority.

1 The mediator must meet the following personal requirements

a) hold a university degree or an equivalent qualification;

b) possess knowledge of criminal law and criminal procedure;

c) have specialized training in mediation conforming to the criteria recognized at a Swiss level by mediation and qualification bodies, and specific aptitudes and skills in the field of criminal mediation;

d) not be subject to any certificates of uncollectibility (attestati di carenza beni);

e) not have any entries in their criminal record.

1bis Depending on the specificity of the case and in the interest of the minor accused, the choice of mediator may be guided by expanding the requirements set out in paragraph 1. [3]

2 To be able to carry out the activity of criminal mediators, mediators must submit to the Youth Magistrate a self-declaration attesting to the fulfillment of the requirements under paragraph 1, attaching the relevant documentation; the Youth Magistrate reserves the right to request the original documents.

3 Mediators must declare before the Youth Magistrate that they will comply with the ethical rules of the Swiss Federation of Mediation Associations, perform their work impartially and independently, without exerting pressure on the parties, and maintain secrecy regarding everything they learn during the mediation. [4]

[3] Para. introduced by R 2.7.2013; in force since 5.7.2013 - BU 2013, 339.

[4] Para. amended by R 9.11.2010; in force since 1.1.2011 - BU 2010, 440.

The mediators' remuneration is borne by the State.

The mediators' indemnity is calculated in accordance with Art. 3 of the Law on Magistrates' Fees, considered as an indemnity of CHF 100.--/hour; proven out-of-pocket expenses are recognised based on the provisions in force for public officials.

Mediation may be initiated by the competent authority at any stage of the proceedings, whether during the preliminary investigation, during the judicial phase, or within the scope of enforcing the decision.

1 The competent authority may have recourse to mediation when the conditions set out in the Federal Act on Juvenile Criminal Procedure of 20 March 2009 are met. [5]

2 In particular cases, the competent authority, before having recourse to mediation, may seek the opinion of the mediator.

[5] Para. amended by R 2.7.2013; in force since 5.7.2013 - BU 2013, 339; previous amendment: BU 2010, 440.

When the competent authority considers that mediation may be initiated, it informs the parties in writing of their rights in relation to the mediation process, regarding the voluntary nature and scope of mediation, as well as the possible consequences of their decision in relation to the criminal proceedings.

1 The competent authority, having verified the requirements, orders the suspension of the criminal proceedings, designates the mediator, and establishes the modalities of execution, namely the deadline, duration, and place, taking into account the specifics of the case, particularly the nature of the offense and the personal situation of the parties.

2 Mediation formally commences with the transmission of relevant documents for the purpose of the criminal proceedings to the mediator.

1. The mediator shall respect the dignity of the parties, ensure that they act with mutual respect, and take into account their vulnerability. He shall conduct the mediation effectively and at a pace suitable for the parties. [6]

2. The mediation shall take place in a comfortable, independent location, separate from the juvenile criminal jurisdiction.

3. Mediation may be initiated only once within the framework of the same criminal proceedings.

[6] Paragraph amended by R 2.7.2013; in force since 5.7.2013 - BU 2013, 339.

1 Mediation is conducted through the active search for solutions to the conflict, primarily through meetings between the parties.

2 The meetings are private and not open to the public.

3 At any time, each of the parties is free to terminate the mediation. The mediator must be informed without delay in writing or during an organized meeting.

4 Likewise, the mediator may, for valid reasons, terminate the mediation at any time, particularly when an excessive imbalance between the parties is observed.

1 In mediation matters, the parties have the same rights guaranteed to them by procedural laws.

2 The appointed mediator accepts the assignment from the competent authority if they can guarantee impartiality. Otherwise, they abstain from the mediation and request the appointment of another mediator.

3 The parties have the right to request the replacement of the appointed mediator for well-founded reasons.

4 The mediator is bound to secrecy regarding what they have learned in the exercise of their duties and regarding the meetings they have conducted, participated in, or assisted.

5 The file constituted by the mediator is not transferable and cannot be seized.

1 If the mediation results in an agreement, the latter is signed by each of the parties and, where applicable, by their legal representatives.

2 Otherwise, the mediator will record the failure to reach an agreement.

3 The parties are responsible for the execution of the agreement they have concluded.

1 The mediator immediately communicates the outcome of the mediation to the competent authority by transmitting the agreement reached by the parties.

2 If the mediation has had a negative outcome, the mediator transmits the statement of the interruption of the mediation.

3 With the consent of the parties, the mediator transmits a report on the conduct of the mediation, previously approved by the latter.

1 If the mediation is successful, the competent authority abandons the criminal proceedings after ascertaining that the agreement has been executed.

2 If the mediation is unsuccessful, the criminal proceedings will immediately continue their course after communication from the mediator.

3 In the case of mediation during the execution of protective measures and penalties, the outcome of the mediation will not have any influence on the latter.

Regardless of the outcome of the mediation, no one may rely before a criminal, civil, or administrative authority on what was declared or written in the meetings held during the mediation.

Mediation is free.

This Regulation shall be published in the Official Bulletin of Laws and Executive Acts and shall enter into force on January 1, 2007.

Published in OB 2007, 29.