Mediation in Penal Enforcement Proceedings de lege lata
Mediation in Penal Enforcement Proceedings de lege lata
Author(s): Włodzimierz Broński, Damian Bara, Marek Dąbrowski, Piotr SławickiSubject(s): Criminal Law, Court case
Published by: Wydawnictwo Naukowe Uniwersytetu Marii Curie-Sklodowskiej
Keywords: mediation; penal enforcement proceedings; mediation settlement agreement; penitentiary proceedings;
Summary/Abstract: The purpose of the article is to provide a dogmatic analysis of the current regulations on mediation in penitentiary proceedings in the context of its practical functioning in penitentiary units within the territory of the Regional Inspectorate of the Prison Service in Lublin. The current legal solutions are incorrect and require significant modification. This is supported by significant doubts as to the interpretation of the law and practice related to the regulation in question. Furthermore, they do not sufficiently implement acts of international law. This article consists of four parts. The first part presents the essence of mediation in penitentiary proceedings. Next, the legal nature of the mediation settlement agreement concluded in these proceedings and the international legal acts on restorative justice at the stage of serving a sentence are discussed. The last part describes the practice of applying mediation at the Regional Inspectorate of the Prison Service in Lublin.
Journal: Studia Iuridica Lublinensia
- Issue Year: 32/2023
- Issue No: 2
- Page Range: 57-72
- Page Count: 16
- Language: English