LaHeRS started cooperation with the Public Prosecutors Office of Heraklion Greece in 2021 and receives referrals for persons who consent to follow the Special Counselling-Therapy Programme in Crete. The Programme is addressed to persons that have been violent towards members of their family and offers counselling and therapy to those offenders. The Programme aims primarily at victims’ protection and the offenders’ behavior change regarding domestic violence. The main goals of the program are:
• Changing the offenders’ perceptions regarding violence
• Anger management
• Development of social skills/communication skills
• Prevention of future violent acts
Legal Framework
The program is offered under the following Laws: a) Law 3500/2006 (GG 232Α΄/24-10-200) for combatting domestic violence and other provisions (https://www.e-nomothesia.gr/oikogeneia/n-3500-2006.html) and, b) II. Law 4531/ 2018 (GG 62 Α΄/ 5-4-2018) Ratification of the European Council for the Prevention and Combat on Violence against Women and Domestic Violence and adjustment of the Greek legislation (GG62Α΄/ 2018) (https://www.e-nomothesia.gr/oikogeneia/nomos-4531-2018-phek-62a-5-4-2018.html)
The Special Counselling -Therapeutic Programme of LaHeRS Lab is applied in the framework of Penal Mediation as stated by L. 3500/2006 (GG 232Α΄/2006), chapter. D΄. «Prerequisite for the process of penal mediation is the unreserved statement by the person who is accused of the crime, that he/she is cumulatively willing to:
a) Promise that he/she will not commit in the future any domestic violence act (word of honour) and that, in the case of co-habitation, accepts to live elsewhere for a reasonable period, if suggested by the victim. For this promise a report is written based on article 148 and the provisions of the Code of Criminal Procedure.
b) Attend a Special Counselling -Therapy Programme for combatting domestic violence in a public actor, in any location and time frame deemed necessary by the competent therapists. The manager of the programme certifies its completion. The relevant certificate is attached to the court case file. It contains in detail, the scope, methods and the number of sessions that the person attended as part of the Counselling – Therapy Programme.
c) To lift or to restore, if possible, all the damaged caused by the act and pay ressonable compensation to the victim. (Article 11)
More precisely, the victim-offender mediation is provided only for misdemeanors. The General Prosecutor is engaged in bringing the victim and the offender of the family violence together, aiming at restoring the harm/damage done to the victim. Mediation is provided only in misdemeanors (minor offences of family violence not in felonies). The Public Prosecutor is responsible for carrying out the mediation process. The last takes place before pressing charges or before trial and is used as part of the criminal process. Depending on mediation’s results the case is either fully dropped changing the proceedings (alternative/ diversion procedure) or drawn up following the formal criminal procedure.
The steps of victim offender mediation are the following:
- For the Victim Offender Mediation procedure to begin, the consent of both victim and offender is required.
- The offender declares his/her willingness:
a. to stop any further act of violence.
b. to attend a therapeutic-counselling programme provided by a public health institution, and
c. to repair/restore any harm/damage done to the victim of violence (compensation to the victim is also included). - If the aforementioned actions are agreed, then the public prosecutor drops the case, does not press any charges and withdraws the case from the records (art.43 par.1 and art. 47 C.C.P.). The criminal procedure stops.
- If any of the previous conditions is violated for a three-year’s period, the case is brought back and the criminal procedure continues at the stage before mediation (as if mediation never took place).
- No other mediation attempt is permitted for the same offence.
LaHeRS program information
After the relevant order of the public prosecutor has been issued, the offenders are informed by the Public Prosecutor about the Special Counseling-Therapy Programme and are obliged to communicate with LaHeRS, in order to file an application. The sessions take place with trained psychologists and social workers and the number of sessions depends on the case and the intermediate evaluations, with a minimum of 14 sessions (complementary individual and group sessions). The sessions may be weekly or less often (according to the offenders’ availability). The program offers the opportunity to extend the therapeutic process on other individual or family difficulties/issues, besides violence. The sessions take place at the facilities of the Laboratory of Health and Road Safety (LaHeRS). If the Programme is not attended by the offenders, LaHeRS informs the competent Public Prosecutor who takes charge for the continuation of the legal procedure.