Some issues regarding the implementation of the restorative justice model internationally and nationally Cover Image

Unele aspecte privind implementarea modelului justiţiei restaurative pe plan internaţional şi naţional
Some issues regarding the implementation of the restorative justice model internationally and nationally

Author(s): Livia Sumanaru
Subject(s): Law, Constitution, Jurisprudence
Published by: Universul Juridic
Keywords: restorative justice; criminal mediation; relapse into crime; ECOSOC Resolution 2012/12 Basic principles on the use of restorative justice programmes in criminal matters; Law no. 115/2012

Summary/Abstract: So far the classical criminal law system proved to be unable to completely reach its objectives, being accused of multiple flaws. For this reason the concept of “restorative justice” has gained ground recently, being considered of much interest on international level and arriving to be implemented in the legislation of more states, comprising our country.In order to solve the conflict created between the offender, the victim and the collectivity, the restorative justice proposes the active cooperation between the offender and the victim, which implies for the offender to take the responsibility of the offence and to repair the damage, having a good influence on preventing relapse into crime.In comparison with the classical criminal trial, the advantages of criminal mediation are multiple for both the victim and the offender.The criminal mediation or restorative justice is likely to contribute to relapse prevention due to its aim of repairing the relationship between the victim and the offender, on one hand, and of avoiding the negative effects of imprisonment upon the convict’s behaviour, on the other hand.The present political and legislative context represents a favourable script for the.development of the model of restorative justice, which should take place, considering the difficulties of the classical criminal law system to manage the social reintegration of the offenders and to prevent relapse into crime.

  • Issue Year: 2013
  • Issue No: 1
  • Page Range: 79-91
  • Page Count: 13
  • Language: Romanian