Between Pastoral Care and Criminal Mediation: Is the Prison Chaplain a Suitable Mediator?

In continental legal systems, the regulation of mediation in criminal matters is generally characterised by legislative restraint and a relatively low degree of normative elaboration. This is particularly evident in the case of post-sentencing mediation, especially mediation conducted during the execution of a custodial sentence, which in many jurisdictions lacks an explicit statutory basis. In some legal systems, the admissibility of mediation at the sentence-enforcement stage has not yet been conclusively determined. Paradoxically, however, this regulatory uncertainty creates a fertile field for scholarly inquiry, as de lege ferenda proposals may substantially influence both future mediation practices and the development of legal frameworks governing restorative justice. Against this background, this article explores the potential role of prison chaplains as mediators in penitentiary settings, examining both the opportunities and the limitations associated with such a model. The ministry of chaplains should not be viewed solely through the prism of their traditional pastoral and supportive functions towards inmates, but also in light of the professional standards and ethical requirements applicable to mediation. In this context, the study analyses the extent to which the role of a chaplain may be reconciled with the principles of mediator impartiality, neutrality, and professional competence. The article further argues that the development of a coherent framework for penitentiary mediation should encompass three distinct contexts: mediation conducted during pre-trial detention, mediation undertaken during the execution of a sentence following a final judgment, and mediation relating to new offences committed within penitentiary institutions against fellow inmates or prison staff. Drawing on mediation practice and empirical research, including interviews with prison chaplains, the study formulates criteria for determining mediator status and qualifications and compares them with the legal and organisational principles governing religious ministry in correctional institutions. The analysis ultimately contributes to the broader debate on the institutionalisation of restorative justice mechanisms within the penitentiary system.