Several recent examples have demonstrated the effectiveness of this procedure. “An old lady had her bag stolen by a young man on a scooter. The unfortunate woman fell to the ground and was injured. The young man was finally able to be arrested. The victim requested youth protection services to organize criminal mediation with her attacker. Before the act, he only saw the bag without considering the person who carried it. During the meeting, the lady asked if the young man would do this to his grandmother, to which he obviously replied in the negative. explains Damien Vandermeersch, magistrate at the Court of Cassation.
After discussion, it appeared that the young person was out of school, with a total lack of empathy and that he had not understood the extent of his action. “The condition of mediation was that he return to school and take his exams. He finally succeeded and was able to get out of it rather than falling into a negative spiral.”he specifies.
This violent man will undoubtedly be sentenced by the Carole courts on December 10 since he did not come to defend himself
Understand the attacker’s logic
This example is symptomatic of the fact that in the context of a legal procedure, victims’ expectations are not limited to a repressive response. “Very often, victims want to understand the logic of the perpetrator who pushed him to commit his act. I am always challenged by the immense gap between the perception of the perpetrators and that of the victims. This mediation work allows us to resolve it.”ajoute Damien Vandermeersch.
“The problem with current criminal justice is that the perpetrator undergoes the entire legal process”
According to him, this concept should be implemented more in Belgium. “The problem with current criminal justice is that the perpetrator undergoes the entire legal process. He suffers the sentence imposed, he arrives in prison where he lives in often undignified conditions with overcrowding and dilapidated buildings. He will therefore consider himself a victim of the prison system, but it is exactly the opposite that must be done.” he adds. “This restorative justice makes it possible, especially if it occurs early in the perpetrator’s criminal journey, to achieve a remission of the acts caused by emphasizing responsibility.”
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Conditions sometimes harsher than prison sentences
In this sense, restorative justice can constitute a credible alternative to a prison sentence and allow for conditional release. “Developing empathy is sometimes less comfortable than confinement”poursuit Damien Vandermeersch. “It is surprising to note that more and more convicts prefer to complete their sentences rather than benefit from conditional release. This is proof that conditions can be harsher and less comfortable than a prison sentence, contrary to popular belief. We must stop believing that probationary conditions and sentences are a gift for the convicted person.”
