Mediation in Criminal Law, or When Can a Suspect Be Exempted from Criminal Responsibility? Everything You Need to Know About the Mediation Procedure

Legal Regulation of the Mediation Procedure

In Hungary, mediation (conciliation) is available based on the Framework Decision of the European Union Council adopted on March 15, 2001. The detailed rules of the mediation process are contained in Act CXXIII of 2006 on the Applicable Mediation Activities in Criminal Cases.

Definition and Purpose of the Mediation Procedure

The mediation process is a conflict resolution method intended to facilitate the drafting of an agreement in writing between the suspect and the victim. Its goals are to promote the restitution of the consequences of the crime and to support the suspect’s future law-abiding behavior.

Which Crimes Are Eligible for Mediation?

Mediation can be applied in cases of petty offenses or less serious crimes (punishable by up to three years of imprisonment) affecting life, physical safety, health, personal freedom, human dignity, basic rights, traffic offenses, property crimes, or intellectual property rights, provided that the legal conditions are met.

Conditions Necessary for the Mediation Process

If a criminal procedure is underway against the suspect for a crime falling within the above categories, and the suspect:

admits to committing the crime before the indictment,
and both the suspect and the victim request the mediation process,
and based on the nature of the crime, the manner of committing it, and the suspect’s profile, restitution or settlement of consequences is expected, and
the continuation of the criminal proceedings is either dispensable or the mediation does not contradict the principles of sentencing,

then mediation may be initiated.

Mediation is only possible in the pre-trial phase; it cannot be initiated once an indictment has been filed. It is exclusively available before the case reaches the court trial stage.

How Will You Be Notified That Your Case Has Been Sent for Mediation?

If the legal conditions are fulfilled, the Public Prosecutor’s Office will first suspend the criminal proceedings against the suspect for six months by decision and refer the case to mediation. This decision is communicated to the suspect, their defense lawyer, and the victim.

Who Conducts the Mediation?

The mediation is not carried out by the police or the prosecutor’s office. It is performed by a probation officer designated based on the jurisdiction of the competent prosecutor’s office. The mediator will notify the suspect, the defense lawyer, and the victim about the time and place of the mediation.

Successful Agreement

If the suspect and the victim reach a written agreement, the mediator submits it to the prosecutor. The prosecutor reviews it for legality, and if not challenged within five working days, it is deemed accepted. If the suspect fully fulfills their obligations towards the victim according to the agreement, the prosecutor may then terminate the proceedings.

From July 1, 2025, it will no longer be mandatory for the prosecutor to terminate the proceedings if all conditions are met. In cases where the conditions are satisfied, but the aim is to serve certain penalties such as disqualification from work, driving bans, or bans from sporting events, the process may result in such penalties instead of proceeding with the case. The prosecutor has discretion to either significantly reduce or terminate the case.

When Is Mediation Not Applicable?

Mediation cannot be applied if the offender:

is a repeat or persistent offender,
committed the crime within organized crime,
caused death,
committed a intentional crime during their probation period, or before completing a prison sentence following a conviction,
previously participated in mediation related to a deliberate crime and the criminal proceedings were dismissed or the sentence was significantly reduced, provided that two years have not passed since the final decision, and
committed a new deliberate crime within two years from the final judgment of the previous case, or during probation or supervised release, even if the previous proceedings were terminated or leniency was granted.

Do you have a criminal case against you or need legal assistance? Request a consultation today!

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