Stručni rad
https://doi.org/10.54070/hljk.28.2.10
Restorative Justice in Criminal Law Theory and Practice
Aleksandar Maršavelski
; Pravni fakultet, Sveučilište u Zagrebu, Zagreb, Hrvatska
Korenlija Ivanušić
; Općinski sud u Velikoj Goric, Velika Gorica, Hrvatska
Sažetak
Restorative justice has historically been used to resolve the conflict between victim and perpetrator, but it has largely been abandoned due to the separation of criminal from civil law in modern codifications. In the 1970s, the modern concept of restorative justice began to develop in order to complement or even replace criminal procedure and punishment. From 1999 until today, restorative justice in criminal matters has gradually been affirmed in the legal framework of the Council of Europe, the United Nations and the European Union. The Croatian criminal law framework allows the possibility of applying restorative justice in a number of segments through the principle of purposefulness, plea bargaining, the imposition of special obligations, the adhesion procedure, mediation in proceedings in private lawsuits, at the request of the injured party or with a subsidiary prosecutor, etc. The practical application of restorative justice in these segments is still very rare, which indicates the obstacles that should be removed through the project of the Ministry of Justice and Administration of the Republic of Croatia “Reinforcing the system of court-annexed mediation”. The paper analyses two successful comparative models of restorative justice in criminal matters – the Norwegian and Dutch ones – which can serve as examples. A case study in this paper reveals the practical problems and advantages of mediation in criminal matters.
Ključne riječi
restorative justice; victim; criminal law; reconciliation; mediation
Hrčak ID:
275241
URI
Datum izdavanja:
1.12.2021.
Posjeta: 1.435 *