Probacja (Mar 2023)
MEDIATOR STATUS IN CRIMINAL EXECUTIVE PROCEEDINGS DE LEGE FERENDA
Abstract
The aim of the article is to present de lege ferenda postulates regarding the status of a mediator. Current regulations indicate certain requirements regarding formal conditions and rules for disclosing a mediator in the list of institutions and persons authorized to conduct mediation proceedings in the field of criminal matters. The specificity of the criminal executive proceedings, in particular the admissibility of conducting mediation proceedings in solitary confinement, requires the introduction of special provisions regarding the status of a mediator conducting mediation after the sentence.The article uses the dogmatic-legal method, but its main assumption - in the absence of a separate legal regulation in this area - is the formulation of de lege ferenda postulates.This study is divided into three parts. The first chapter presents the general principles of regulating the status of a mediator in Polish law. Then, the current normative solutions regarding the role of the mediator in mediation after the judgment and an attempt to interpret them will be subject to evaluation. The last part will contain de lege ferenda postulates indicating the directions and scope of the required changes.The presented considerations lead to the conclusion that legislative intervention is necessary in the scope of specifying the status of the mediator at the stage of mediation after the judgment, in particular with regard to the rights and obligations related to the course of mediation in solitary confinement. In order to ensure proper flexibility of legal regulations and their adaptation to individual penitentiary units, one should first of all postulate the regulation at the level of internal regulations.This study is an innovative approach to the presented issues, taking into account the practical experience of mediators operating within the Lublin Center for Arbitration and Mediation at the John Paul II Catholic University of Lublin in mediation after the sentence in the District Inspectorate of Prison Service in Lublin.
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