Samenvatting

This article is an analysis of about 350 decisions of Dutch criminal courts since mediation was introduced as an instrument in criminal law (art. 51h of the Dutch criminal code). It appears that mediation not only benefits the offender in terms of reduction of punishment, but also has significant effects on other aspects of the domain of criminal justice. For example on complaints about the decision of the Public Prosecutor not to prosecute a suspect, the eligibility of the Public Prosecutor in a criminal procedure, claims for compensation of the victim, compensation for damage of the offender being in preventive custody, and costs of the offender for a lawyer to defend him in a criminal procedure. Although much progress can be made in applying mediation in criminal procedures, it is concluded that mediation is now an important form of restorative justice in the Dutch criminal justice system.