Juvenile Diversion Program – One Chance for Adults

Tamta Tvalavadze

Luka, 15, took advantage of inattentive shop-assistant and stole a pair of shoes when trying them on. After detention, prosecutor’s office counted the incurred damage that amounted to 25 lari. Based on the prosecutor’s office resolution, Luka became beneficiary of the Diversion and Mediation Program and was freed from criminal liability. In accordance to the program procedures, initially social worker drew up bio-psychological portrait of Luka, which showed that he is advanced pupil, sociable and has high sense of responsibility. Luka could not acknowledge the committed crime and claimed he had stolen the shoes for his friend, who has serious financial problems. After drafting the portrait, the social worker met juvenile and his family. Luka’s mother, who worked abroad, said she could never imagine that her son would ever steal something.

Juvenile Diversion and Mediation Program started in Georgia in November, 2010 and initially it covered only four cities. Nowadays, it is implemented throughout Georgia. The program works for grave crimes too, which are categorized as grave because they were committed by group of people. In accordance to the Article 12 of the Criminal Code of Georgia, a crime is less grave, if corresponding punishment does not exceed five-year-imprisonment.

After the prosecutor concludes to involve juvenile offender into the program, his/her case is assigned to social worker. Initially, social worker meets beneficiary and family members or legal representative of the offender to draw up bio-psychological portrait. If case has a victim, mediator takes part in the process, whose duty is to achieve agreement between the victim and adult. In the final stage, after mediation conference, an agreement is signed with the adult, whose conditions are individual.

Damage is reimbursed for the victim before or after the agreement is signed. Program mediator Ana Zhgenti clarified that mediation conference is the most important stage to assist the juvenile to acknowledge gravity of the committed offence and his/her real responsibilities. Victim shall necessarily participate in the mediation conference. “It is a pity that very often victims are reluctant to participate in the meeting saying they are busy or have some other reasons.

We all bear responsibility for the behavior of juveniles. So, their (victim party) participation in the process is part of their civic obligations and assistance to the juvenile to raise his/her legal responsibilities,” Ana Zhgenti said.

The agreement imposes different obligations over the juvenile – to apologize to the victim and reimburse damage. The conditions are extremely suitable for the juvenile’s interests and abilities. Due to individual requirements, juvenile might be ordered to take education courses, sport or start work.

Juveniles are rarely sent to work for the damage reimbursement and acknowledgement of their mistakes. In case of Luka, 15, he was ordered to work for the victim once in two weeks during two months. He had to assist the victim to put shoes on the shelves. After the program went in force, in 2010, 557 juveniles participated in it throughout Georgia and only 24 of them committed repeated crime. Ana Zhgenti thinks recently prosecutors prefer to involve juveniles with more or less grave crimes in the program that indicates at effectiveness and trustworthy of the program.

It is up to the prosecutor’s decision whether juvenile will participate in the program or not. The program is voluntary and juvenile or his/her legal representative has right to decline the participation but similar cases have not been observed so far.

Juvenile might meet all aforementioned criteria to participate in the program but prosecutor might not divert him/her from the criminal liability.

Joni Kvinikadze, director of Prevention and Innovative Programs at the Ministry of Justice, does not think that prosecutor’s authority to insert juvenile in the program or not is not miscarriage of the program. “Prosecutor is authorized to make decision to start or drop criminal prosecution against offender; so, he/she is authorized to make decision on the program too.”

Weakness of the program is insufficient services, particularly in the regions. “Employers often refrain from employing diverted juvenile for short time,” mediator Ana Zhgenti said.

Representatives of the Ministry of Justice say in future they plan to develop better services for the employment and re-socialization of juveniles in the frame of the program.