Mediation in the Criminal Cases

Mediation can be used both at the stage of the criminal proceedings and during the trial. The Law on Mediation also provides for the generalization of this preferred method of conflict resolution, so that this perspective can be developed before the filing of the case or the beginning of the trial.
This law applies in particular to criminal cases in which the withdrawal of the main complaint or the reconciliation of the parties exonerates them from criminal liability according to the law. Conciliation is also not excluded in other criminal cases to solve certain new aspects of criminal proceedings (the best example is the settlement of civil claims in criminal proceedings). This view is perfected in criminal cases by mediation).
Since mediation is a method left entirely to the discretion of the court, neither the victim, nor the offender, nor any other party to the criminal proceedings can be forced to use it. During the mediation process, each party is entitled to the assistance of a lawyer and, if necessary, an interpreter. In the case of minors, they must also provide the guarantees provided by the criminal code.
Currently, victims cannot inform the prosecutor's office or the court of the first instance of individual offenses if the parties have settled their dispute through mediation before the criminal proceedings are initiated. If the mediation procedure is initiated within the time limit set at the time of the complaint by the complainant, this time limit will be suspended for the duration of the mediation procedure. If the parties to the dispute reach an agreement, the consequences for the tax authorities and the court of the first instance are currently too great. If the parties to a dispute do not reach an agreement, the aggrieved party may, in principle, file a complaint within a statutory period. This statutory period starts running again from the date of the report of the body that concluded the mediation.
Conciliation can also be invoked after criminal proceedings or after the initiation of criminal proceedings. In this case, the criminal investigation will be suspended from the date of the conciliation agreement. The period of suspension may not exceed three months from the date of signing the conciliation agreement. The period of suspension shall end when the conciliation strategy is terminated in any of the ways provided by law, whether or not the three-month period has elapsed.
The conciliator has undertaken to provide the judicial authorities with a copy of the Authority's report on the conclusions of the conciliation strategy. If the Authority's report concludes that the parties have not reconciled, the criminal case will be formally pursued. In the absence of a report, the criminal case will formally proceed and the content of the meetings held during the last three months will be presented.
Because of these considerable advantages, criminal law mediation will be a strategy used mainly in death penalty cases, but also other criminal cases. Therefore, law enforcement agencies and trial courts have an important role to play in encouraging parties to participate in mediation.

Mediation Services in Criminal Matters

Askwakeel.pk is one of the law firms in Pakistan that resolves disputes amicably using various alternative dispute resolution mechanisms with experts from different fields. AskWakeel offers mediation services in civil, criminal, and family cases and resolves the problems of clients AskWakeel has the best mediators, who resolve disputes between parties and submit reports/conclusions to the criminal courts. For example, if an offense has been committed, the mediator submits to the court a report duly signed and certified by him and the person authorized by law to commit the offense, the court approves the order and the accused is acquitted.