Practice question
A civil claim in a covered criminal-negligence case is referred to mediation. Does the mediator thereby receive authority to pronounce the accused criminally guilty?
- No; referral of civil liability does not transfer the court’s criminal adjudicative power.
- Yes, the mediator replaces the criminal judge for conviction.
- Yes, a failed settlement automatically proves guilt.
- Yes, the private claimant determines the prison sentence.
- Yes, mediation attendance waives all trial safeguards.
Legal references
- A.M. No. 15-06-10-SC, April 25, 2017, Revised Guidelines for Continuous Trial of Criminal Cases, Part III, items 8(b), 8(f) and 9 (primary text reproduced by WIPO Lex): https://www.wipo.int/wipolex/en/legislation/details/20516
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