Sistemul retributiv şi sistemul restaurativ – combinarea măsurilor
The Retributive and the Restorative Systems – Combining Measures

Summary/Abstract: The hypothesis developed is that combining restorative and retributive measures leads to an improved justice system and a better accomplishment of the purpose of criminal law by restoring the negative social effects of crime and by reducing repeat offending. The present research investigates the viability of combining retributive action with restorative measures in the crime fighting process. The paper aims to indentify the best means to fight crime and to minimize its negative consequences. The study analyzes, using the comparison method, the main characteristics of both restorative and retributive systems in trying to establish if a compatibility of actions can be reached. The documented research is based on official papers, reports, studies, international and romanian criminal law literature. This approach revealed important differences between the two systems. The retributive system requires a relationship of authority, a rigid trial with restrictive results in witch the offender and the victim are half passive subjects. The restorative system offers a flexible alternative focusing on conflict mediation, reducing the negative consequences of crime and preventing repeat offending by using persuasion methods unlike retributive justice that focuses on punishment. The present legislation contains criminal norms that encourage restorative measures such as punishment individualization, community service and penal mediation in some offences. In conclusion the two systems are rather complementary than antagonistic. Both have their limitations, not being able to fully accomplish the repressive purpose as well the preventive purpose of criminal law. The two sets of measures can be combined to increase effectiveness of criminal justice and reduce repeat offending, but this requires creating the necessary legislative and institutional framework.

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