Restorative Justice: New Way of Perceiving and Responding to Crime Cover Image

Restorativna pravda: novi oblik gledanja i reakcije na kriminalitet
Restorative Justice: New Way of Perceiving and Responding to Crime

Author(s): Nedžad Smailagić
Subject(s): Law, Constitution, Jurisprudence
Published by: Univerzitet u Sarajevu
Keywords: restorative justice; retributive justice; principles of restorative justice; victim of criminal offence; mediation

Summary/Abstract: In this paper author is focused on the concept of restorative justice as possible response of the society (i.e. the state) against the crime. Based on the criticism of the classical response by means of retributive criminal law, this concept – primarily founded on the principle of repairing negative implications caused by the criminal offence – has been fully affirmed for the last forty years. Author starts from the basic assumption that restorative concept does not exclude the retributive one and vice versa. Firstly the notion of restorative justice and other terms are defined. Author observes restorative justice in two dimensions: (i) as an alternative to traditional criminal law approach based on retribution and (ii) as process, outcome and set of principles. The second part gives a historical overview of development of this concept by presenting ideas of founders of restorative justice in modern terms: Albert Eglash and Nils Christie. In focus of the third part are the principles, goals and place of restorative justice in overall criminal justice policy. Principles of personalism, repairing the harm caused by criminal offence, participation of all parties related to the criminal offence and reintegration, are separately analysed. Author also examines modes of coexistence of restorative justice with traditional criminal law approach. In the fourth part the author compares restorative justice approach with criminal law and derives basic characteristics of restorative justice. In the fifth part the author outlines basic objections to restorative justice in regard to due process rights and confronts such objections to international legal standards on restorative justice.

  • Issue Year: LII/2011
  • Issue No: 3
  • Page Range: 185-209
  • Page Count: 25
  • Language: Bosnian
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