РЕСТОРАТИВНА ПРАВДА: ПОЈАМ, ОСНОВНИ МОДЕЛИ И ПРАВДА ЗА ЖРТВЕ КРИВИЧНОГ ДЈЕЛА
RESTORATIVE JUSTICE: THE CONCEPT, BASIC MODELS AND JUSTICE FOR CRIME VICTIMS

Summary/Abstract: Restorative justice is an alternative to the traditional criminal justice system and contains a number of different programs that can be applied at different stages of the proceedings, including diversion from formal criminal proceedings. This justice is fairer than judicial and strives to reconcile the victim and the perpetrator of the crime. The concept of restorative justice is motivated by a more active approach to the victim in criminal proceedings and more humane treatment of the perpetrator of the crime, and by giving the victim and the community the opportunity to participate in the process of rehabilitation of the perpetrator. Repairing damage implies responsibility and obligations, and the responsibility is not determined but is accepted by the perpetrator. In this sense, within the concept of restorative justice, four models have developed in the world, which, despite certain differences, have a common basic idea of achieving these goals. It is stated in the literature as the main objection that such an approach reduces the punishment of the perpetrator of the crime because it is assumed that he would be more likely to be more severely sanctioned by traditional criminal proceedings. However, despite the criticism, evaluation studies of this justice have shown mostly positive results. The authors deal, among other things, with the advantages and disadvantages, and models of restorative justice. The discussion focuses on the meaning of a just state and society, and considers different variants of justice for victims.

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