What is Diversion and Mediation?

 Diversion serves as an alternative to criminal prosecution, offering minors and young adults (ages 18 to 21) an opportunity to take responsibility for their actions without facing formal charges. The diversion and mediation program provides a chance to fulfill specific obligations within the framework of diversion, instead of undergoing criminal proceedings. Through this process, participants gain a deeper understanding of their offense and its consequences while avoiding a criminal record. This approach encourages rehabilitation, fosters a law-abiding lifestyle, and paves the way for a successful future.

The program promotes both the raising of the sense of justice of a person in conflict with the law, his rehabilitation and resocialization, while taking into account the interests of the victim, therefore, diversion and mediation are based on restorative justice approaches and values, are aimed at crime prevention and care for the recovery of society as a whole.

 In accordance with the law, the prosecutor is authorized to make a decision on the use of diversion and not to initiate or terminate criminal prosecution, which at the same time means not to leave the fact of the crime and the interests of the victim without response. In addition, the judge is authorized to return the case to the prosecutor for the purpose of diversion both on his own initiative and on the basis of a party's petition.

 Program objectives:

 Taking into account the individual needs of a minor/person aged 18 to 21 in the juvenile justice process;

Prevention of repeated crimes;

Resocialization and rehabilitation of persons in conflict with the law;

Ensuring public safety.

 The diversion and mediation program may be applied to individuals aged 18 to 21 under the following conditions:

• The person in conflict with the law is between 14 and 21 years of age;
• The person in conflict with the law has committed a less serious crime for which the maximum penalty does not exceed 5 years of imprisonment or a serious crime for which the maximum penalty does not exceed 10 years of imprisonment;
• The person in conflict with the law has not been involved in a diversion/diversion and mediation program in the past;
• The person in conflict with the law has not been convicted;
• The person in conflict with the law admits to the act committed;
• A minor in conflict with the law, along with their legal or procedural representative, or an individual aged 18 to 21, must voluntarily provide written consent to participate in the diversion or diversion and mediation program after receiving a clear explanation of its purpose.
• Taking into account the best interests of the person in conflict with the law, with the inner belief that it is possible to prevent repeated crime, the prosecutor considers it appropriate to use the diversion mechanism.

According to the Juvenile Justice Code, if a specific case meets the above criteria, the prosecutor is obliged, first of all, to consider the possibility of including a person under the age of 21 in a diversion/diversion and mediation program. In addition, the prosecutor's refusal may be appealed to a superior prosecutor.