Prosecutors and Use of Restorative Justice in Courts: Greek Case

Abstract

The purpose of this research study was to examine the experiences of prosecutors in Athens, Greece, as they implement a restorative justice (RJ; mediation) model in cases of intimate partner violence (IPV). Greece recently enacted a new legislation related to domestic violence, part of the requirement is mediation. This study used semi-structured interviews with 15 public prosecutors at the courts of first instance and three interviews with facilitators of mediation process. The findings indicate widespread role confusion. Prosecutors' experiences, professional positions, and views of RJ in adult cases of gendered violence were shaped by their legal training. That is, their perceptions reflected their work in an adversarial system. Their views were complex yet ultimately unreceptive and their practices failed the victims of IPV. The study report concluded with recommendations for the legislators and for better preparation of court actors.

Domestic Violence against Albanian Immigrant Women in Greece: Facing Patriarchy

“…Data used in this study was collected by the second author of this study in Greece during the fall of 2009 and then again during the summer of 2013 as a part of two broader projects concerned with criminal justice agency responses to IPV among the immigrant population [2]. Consequently, this study draws from two separate samples: thirty semi-structured interviews with migration lawyers, representatives of NGOs and social services providers in Athens, Greece that were conducted from September to November 2009 and eighteen in depth-interviews with public prosecutors in the court of first instance and social service providers conducted during summer months in 2013.…”

“…In addition, the study focused on the ways that the legal system can be mobilized for helping immigrant battered women and provide assistance and safety. The main goals of the second study conducted during the summer of 2013 was to understand more about the common practices of prosecutors with cases of IPV, to explore the potential challenges that public prosecutors face in their work and consequently the impact of their decisions on victims and offenders [2].…”

“…The findings also suggest that battered women were very reluctant to call the police (only 16.6% would do so) but instead were more likely to report their abuse to relatives or friends. When incidents of IPV were reported, the cases were usually considered as private matters by the criminal justice system, and women were often encouraged to settle the case through mediation procedures [2,41].…”

“…All respondents in the 2009 study commented on the high prevalence of domestic violence among the Albanian immigrants and many explicitly acknowledged that Albanian culture is based on 2 The Greek court system consists of three levels: courts of first instance, Court of Appeal and the Arelos Paghos (Supreme Court in civil and criminal matters). However, only the public prosecutor of the court of first instance has a duty and jurisdiction to prosecute.…”

“…There are still some countries, however, where the issue of battered women remains relatively invisible and, as such, it is usually ignored and underreported. For example, very limited systematic research has been done in Greece [1,2] and Albania [3].…”