Diversion and Mediation Program

Juvenile Diversion and Mediation Program became effective on November 15, 2010.
Juvenile Diversion and Mediation Program is a new mechanism for exemption from criminal responsibility.

This is an important step in the introduction of the Criminal Justice Policy Institute, a liberialisation, resulting in a possible criminal record, provided to reduce the number of convicts and prisoners, as well as the prosecutor and the court of the resources.

Diversion and Mediation Program Summary

Diversion and Mediation Program, the prosecutor has the discretionary authority upon the possibility of criminal liability to diverse  juvenile who has committed a minor offense for the first time, if he admits to commit a crime and are willing to pay damages and apologize to the victim.

After making a decision on diversion, the prosecutor contacts with  the social worker and transfers it to the juvenile court. Social worker develops a minor biopsychosocial portrait, which is determined on the basis of which promise to have a positive impact on juvenile and contribute to its improvement. Then, under the mediation, which includes elements of restorative justice, the parties agree on the terms of the contract, including minor responsibilities and obligations

The agreement was signed by the juvenile, his parents, prosecutors, social workers and injured. According to the terms of the agreement, the juvenile will be given to the provision of services and the realignment of responsibilities to the victim or society.

Child's social worker oversees the implementation of the Agreement. But it is possible that juvenile not use this chance and  break the terms of the agreement. In such cases, the social worker will return the juvenile prosecutor's case again. The prosecutor is entitled to start or resume a criminal prosecution against a juvenile.

The program's main objective is to give a chance to a minor, and to promote the establishment of a law-abiding person. In addition, the program aims to increase the level of satisfaction to the victims and their involvement in activities in support of minors.

The distribution area

The program originally consisted of four cities: Tbilisi, Rustavi, Kutaisi and Batumi. In November 2011 were  added two Towns  Gori and Samtredia and February 2012  9 New towns: Mtskheta, Kaspi, Gardabani , Tskaltubo, Tkibuli, Baghdati, Khoni, Vani, Kobuleti.  In 2013 10 towns were added :Xashuri, Kareli,  Marneuli, Telavi, Gurjaani, Sighnaghi, Zugdidi, Senaki, Poti and Mestia

 

In 2013 the program will extend to the full extent.

 

Diversed Juveniles Statistics

 2010 - 2 juveniles

2011 - 81 juveniles

2012 - 120 juveniles

First quarter  2013 – 25 juveniles 

 

Diversion program for adults

 

Adults, diversion, criminal prosecution as an alternative mechanism has been introduced in Georgia from October 25, 2011.

Adults diversion - an alternative form of liability, which will be used against the person who committed less serious or grave crime, if the person is fully or partially in conflict with the law to cover up his actions as a result of damage to property or to perform socially useful work.

Once these conditions are met, the prosecutor is entitled to start or stop the criminal prosecution of the criminal case ends without conviction  and criminal penalties.

On the other hand, a person must be ready to comply with the law under certain conditions: the transfer of illegally obtained property, or reimburse the value of this property; surrender weapons offenses; fully or partially compensate for damage caused by his actions, free of charge, to perform community service work.

 

Diversedjuveniles statistics 

 

2011 - 130 adults

 

2012 - 1247 Adults

 

First quarter  2013 - 279 adults