Reparation conference
The reparation conference is one of the methods of offender-victim reconciliation / restorative justice . People from the social environment of people directly involved in a crime are involved in the discussions. A similar name is the community conference / restorative conference. The method belongs to the district procedure, as well as the family council and the family group conference.
procedure
An extensive preparatory phase precedes the meeting of the various parties. The reparation conference itself is carried out in three steps. After the meetings, the social worker will remain in contact with those involved.
Preparation for the conference
First, the social worker contacts the people directly involved in the crime and asks their willingness to take part in a victim-offender settlement. Perpetrators and victims decide who should attend the conference. Before the different parties meet, individual interviews are held with the social worker. The emotional state, possibilities and goals are discussed. Before the meeting, invite each person to study the five questions that will be discussed in the conference.
opening
The social worker introduces those present and explains the rules, goals and procedures of the reparation conference.
Five questions
The participants answer five questions one after the other:
1. To those directly affected: Request to describe the act from their own perspective. To those indirectly affected: How did you find out about the crime?
2. What thoughts and emotions have arisen?
3. What are the consequences of the incident for you and others?
4. What is the most bothering you?
5. What is most important to you?
By answering these five questions, a fixed framework is given. The crime is being processed step by step.
Future outlook
Everyone has their own ideas about what form of reparation is appropriate. Ultimately, a joint solution is developed.
After the conference
The social worker checks that the parties are sticking to their end of the bargain. If this is not the case, another conference can take place. The conference will also be evaluated by the participants.
The parties
It is beneficial if those involved demonstrate certain behavior. These are conveyed by the social worker.
Role of social worker
How the reparation conference is actually designed is primarily determined by those affected. The social worker mediates between the parties and provides the necessary information.
Role of relatives of the perpetrator
The perpetrator's environment should support him in getting through the process and implementing the mutually agreed goals. It is of little profit to point the blame. Instead, the perpetrator should be appreciated for agreeing to deal with his act and the possibilities of reparation.
Role of relatives of the victim
The relatives of the victim should empower it emotionally. Because they often have less inhibitions about the perpetrator, they can help establish a connection. It may be easier for them to accept the perpetrator's attempts at redress. They should also help the person concerned to make their concerns understandable.
Outsiders
It is possible to include additional people who are not affected by the crime in the conference. These should be an emotional support. The offender's supporter should report positive traits in the offender. Thus, the perpetrator can get to know from a different point of view, beyond what happened. Accompanying the victim is particularly useful if the victim's family is not in a sufficient position to strengthen the victim.
advantages
Usually the families of the perpetrator and victim also suffer from the consequences. During the conference, the damage can be dealt with in a safe and professional manner.
Furthermore, hardening on an emotional level can be removed more easily through the increased confrontation with guilt. The perpetrator should understand that the act does not only affect one person.
The act is examined from different perspectives. The possible reasons why the perpetrator acted this way are also being researched to a greater extent. As a result, it can be pointed out which changes are necessary in the perpetrator's environment so that the behavior is different in the future. There may be a connection between the behavior of the perpetrator and problematic structures within the family environment. Various problems that exist in the system can be exposed, which creates a chance for change.
disadvantage
The social worker is responsible for several people at the same time and may not be able to take sufficient care of the individual (especially perpetrators and victims). However, there is the possibility that a supportive person will be called in.
Due to the strong confrontation with guilt, the perpetrator or his system may be exposed to too much shame. As a result, there can be a defensive stance, which may increase aggression.
The risk that the trauma of the victim will be reactivated by dealing with the crime is increased by the intensified form of the process.
literature
- Thomas Fischer : StGB, 62nd edition 2015, commentary on § 46a No. 1 StGB
Individual evidence
- ↑ Andrea Bruhn, Carmen Kramer and Wolfgang Schlupp-Hauck, 2013. Involvement of the social environment in offender-victim reconciliation. Berlin: Publishing house of the German Association for Public and Private Welfare eV
- ↑ Karin Milos, 2011. Conferencing procedure. Information service: circular on offender-victim reconciliation. Geldern: JVA Druck + Medien. (No. 42), pp. 31-35.