Criminal Mediation Agreement
Sustac has written and written: “Independent Report about Mediation and the Mediation Profession in Romania” (2007), Alternative Dispute Resolution (2008), “Mediation, Standards and Procedures” (2009) and “Mediation guide” (2009), “Negotiation Handbook” (2011), “Best Practice guide on the use of mediation in border cases” (2013) and The philosophy of mediation (2013). The aim of this document is to clarify the characteristics of mediation in the context of criminal proceedings in Kazakhstan, to analyse the existing problems of its application and to monitor the prospects for the development of criminal mediation in Kazakhstan. During membership of the Soviet Union, a punitive policy was formed in Kazakhstan. The attitude of innocent lay people trained by Soviet propaganda, as well as those in the criminal justice system, was based on the principle: “A thief should be in prison.” Unfortunately, this mode of thinking still prevails in Kazakhstan`s legal system. In 2010, the “concept of legal policy of the Republic of Kazakhstan for the period 2010-2020 concerning the formation of an optimal model of criminal procedures” was adopted. Priority directions for criminal justice development have been formulated as a humanization of the sentence and a reduction in the prison population. Thus, the “gradual establishment of the new institutions of restorative justice on the basis of reconciliation of the parties and compensation for damages” was incorporated into the text of the concept. In eastern Kazakhstan, the practice of seeking mediation before submitting parole applications is developing. If the mediation is successful, a transaction agreement will be registered and the matter will be resolved.
Delays remain an important issue. The average time to review cases is one month. Unlike civil proceedings, the conclusion of the conciliation agreement does not constitute grounds for a stay of proceedings. Of course, this hinders compensation and virtually excludes such compensation, since a defendant earns the necessary amount. Zeno Daniel Sustac, PhD (05 March 1976) is an arbitrator, lawyer, judicial administrator and mediator, vice-president of the Romanian Mediation Council, co-chair of the National Association of Mediators of Romania and co-chair of the National Association of Negotiators of Romania.