Lithuanian president proposes legal amendments to introduce mediation in criminal proceedings

Lithuanian President Gitanas Nausėda has initiated legislative amendments to formalise mediation in criminal cases, where a neutral third-party mediator would help resolve conflicts between offenders and victims, the presidential office announced Tuesday.

The proposed changes—developed with the Ministry of Justice—would amend the Criminal Code, Criminal Procedure Code, and Mediation Law to allow mediation for minor offences, negligent crimes, and less serious intentional crimes. The process would require consent from both the victim and the offender, with either party free to withdraw at any time.

Under the current system, offenders may avoid criminal liability if they reach a formal settlement with the victim, but Nausėda argues this fails to address the victim’s need to be heard or receive a sincere apology. The president’s proposal would introduce a structured mediation process, overseen by a trained mediator, to restore dialogue and repair harm.

Mediation would not apply to serious or grave crimes, including war crimes, offences against the state, sexual crimes, corruption, public safety violations, drug-related offences, or domestic violence. The decision to refer a case to mediation would rest with prosecutors during pre-trial investigations or with courts during proceedings.

The presidential office noted that mediation in criminal justice is widely used across EU member states, citing evidence that it reduces recidivism by holding offenders accountable, giving victims a voice, and facilitating genuine restitution. The practice could also ease court backlogs and speed up case resolutions.

In Lithuania, mediation is currently used in civil, administrative, and probational disputes. The president’s office expressed confidence that its success in these areas could extend to criminal cases, following consultations with the Supreme Court, prosecutors, mediation professionals, and legal scholars.