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1
Walther, Susanne. "Reparation and Criminal Justice: Can they be Integrated?" Israel Law Review 30, no. 3-4 (1996): 316–30. http://dx.doi.org/10.1017/s0021223700015120.
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The role of the victim within the public criminal justice process has traditionally been one of supporting public prosecution. Without the victim's cooperation, police and prosecutors would neither be informed about the occurrence of crimes, nor be able to bring sufficient evidence to secure convictions or extra-judicial settlements. In Germany, for instance, about 90% of all prosecutions are initiated by private complaint.Compared to what the victim gives the state, the state traditionally gives little to the victim. While the victim's procedural position has been strengthened in Germany in recent decades, namely by the expansion of the right to join the prosecution as a collateral complainant, procedural participation alone has not been sufficient to satisfy the victim's need to be made whole. Victimological research indicates that the victim has a profound interest in compensation of damages. However, since according to our traditional understanding, the victim's claims and the State's claims against the offender are inherently different in nature, they ought to be governed by different types of principles and proceedings. Doctrinally, the criminal courts settle the State's conflict with the offender, while the victim's conflict with the offender is a matter for the civil law and the civil courts. Therefore, the legal consequences of crime, it is believed, reflect primarily the needs of the general public and not the “private” interests of the victim (whether defined as to receive: compensation; reparation; satisfaction; vindication).
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Cavadino, Michael, and James Dignan. "Reparation, Retribution and Rights." International Review of Victimology 4, no. 4 (January 1997): 233–53. http://dx.doi.org/10.1177/026975809700400401.
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This article explores the relationship between the idea that offenders should make reparation to their victims and the principle of ‘just deserts’ or strict proportionality between seriousness of offence and severity of punishment. Some have queried whether these notions are compatible with each other, suggesting that there is relatively little scope for reparative measures in a criminal justice system soundly based on the principle of just deserts. We defend the reparative principle, arguing that reparation should play a significant rôle in a criminal justice system based on the human rights of victims as well as offenders. Such a rights-based approach also has an important place for the retributive notion of just deserts, but strict proportionality is rejected in favour of an approach whereby the offender's just deserts set upper and lower limits on the sanctions which may be imposed on the offender. Within these limits there should be scope for both victims and offenders to have a say in the nature, form and amount of reparation which is appropriate.
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Mégret, Frédéric. "The International Criminal Court Statute and the Failure to Mention Symbolic Reparation." International Review of Victimology 16, no. 2 (September 2009): 127–47. http://dx.doi.org/10.1177/026975800901600202.
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The International Criminal Court (ICC)'s reparations regime seems very geared towards material reparation such as restitution, compensation and rehabilitation. However, a growing number of international instruments, particularly in the human rights field, anticipate that more symbolic forms of reparation such as satisfaction and non-repetition are mandatory. The article explores what reasons may have led the ICC drafters to not at least mention symbolic reparation and finds that, apart from a possible trend towards commodification of reparation in general, the perception was probably that only states can grant symbolic reparation, and that ordering individuals to do so might raise human rights problems. None of these arguments are conclusive. Individuals can provide symbolic reparation, and this could be encouraged rather than ordered to avoid the human rights issue. More importantly, the role of the ICC and the Victims Trust Fund will be to use money as reparation, and nothing will prevent them from using awards so made for symbolic purposes. In fact, strong principle and policy arguments militate in favor of granting a larger role to symbolic reparation in the ICC context, thus helping to make the Court into more of an institution of transitional justice.
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Rombouts, Heidy, and Stephan Parmentier. "The International Criminal Court and its Trust Fund are Coming of Age: Towards a Process Approach for the Reparation of Victims." International Review of Victimology 16, no. 2 (September 2009): 149–82. http://dx.doi.org/10.1177/026975800901600203.
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The last decade has witnessed a rapid development in the field of reparation for victims of serious human rights violations, both at the national and the international level. Both in (post-)conflict situations and in situations of large-scale human rights abuses it has become a major question of transitional justice how to repair the harm inflicted on victims through acts of genocide, crimes against humanity, war crimes, and other forms of injustice. As institutions of international criminal justice, the International Criminal Court and the Trust Fund for Victims are also confronted with this question and the many issues involved. They have to address three crucial questions in particular: (a) who are the beneficiaries for reparation; (b) who are the duty-bearers of reparation; and (c) what forms of reparation can be awarded? We argue that the answers to these questions raise very important issues that go beyond a purely legal approach and that require an input from other scientific disciplines and also from other sectors of society, including victims and their organizations. We argue in particular in favour of a concept of reparation that seeks to attain a new balance and that will allow victims to cope with the past and the future alike, and therefore propose a process-oriented approach to reparation based on the work of Barkan and Habermas.
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Ismaili, Karim. "Book Review: Making Amends: Mediation and Reparation in Criminal Justice." Criminal Justice Review 19, no. 1 (May 1994): 135–36. http://dx.doi.org/10.1177/073401689401900123.
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Dignan, Jim. "Book Review: Making Amends: Mediation and Reparation in Criminal Justice." International Review of Victimology 2, no. 4 (September 1993): 351–54. http://dx.doi.org/10.1177/026975809300200406.
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DE BROUWER, ANNE-MARIE. "Reparation to Victims of Sexual Violence: Possibilities at the International Criminal Court and at the Trust Fund for Victims and Their Families." Leiden Journal of International Law 20, no. 1 (March 2007): 207–37. http://dx.doi.org/10.1017/s0922156506003979.
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In this contribution the reparation possibilities for victims of sexual violence at the Inter-national Criminal Court and at the Trust Fund for Victims and their families are explored. This is done by explaining first of all why victims of sexual violence – and especially women – are in urgent need of reparation during and after conflict, with a special focus on the situation of female survivors of sexual violence in Rwanda. The reparation possibilities for victims of sexual violence at the International Criminal Tribunal for the former Yugoslavia and the International Criminal Tribunal for Rwanda are subsequently discussed, followed by a similar discussion with regard to the ICC. Questions such as the nature of the best forms of reparation for victims of sexual violence and at what point they are made are also dealt with. Although the ICC reparations regime offers in theory a good means of providing restorative justice to victims of sexual violence, it is important that the special concerns and needs of such victims are not easily overlooked by the Court and that swift action is taken by the Trust Fund for Victims and their families to address their plight.
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Perez-Leon-Acevedo, Juan-Pablo. "Victims at the Prospective International Criminal Law Section of the African Court of Justice and Human and Peoples’ Rights." International Criminal Law Review 17, no. 3 (June 14, 2017): 453–85. http://dx.doi.org/10.1163/15718123-01703005.
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The introduction of an International Criminal Law Section (icls) to the prospective African Union (au) African Court of Justice and Human and Peoples’ Rights (acjhr) has sparked academic debate. However, discussion of victims’ status at the acjhr-icls has been neglected. Victims’ status as participants and reparation claimants, as provided for in the acjhr Statute, is critically analysed. There are important gaps and limitations, especially concerning the victim participant status, and implementation challenges, particularly regarding the reparation claimant status. Recommendations to address normative problems and face future challenges are provided. The amended acjhr-icls Statute is comparatively tested against inter alia the legal framework and practice of the International Criminal Court (icc). The icc Statute is relevant because the acjhr Statute provisions on victims largely borrow from it. Additionally, despite some deficits, the icc Statute and practice arguably constitute guiding standards to tackle complex victim-related issues at international/hybrid criminal tribunals (ihcts).
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Warner, Kate, and Jenny Gawlik. "Mandatory Compensation Orders for Crime Victims and the Rhetoric of Restorative Justice." Australian & New Zealand Journal of Criminology 36, no. 1 (April 2003): 60–76. http://dx.doi.org/10.1375/acri.36.1.60.
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Increased recognition of the need for victims of crime to be integrated into the criminal justice system and to receive adequate reparation has led, in a number of jurisdictions, to legislative measures to encourage the greater use of compensation orders. The Sentencing Act 1997 (Tas) (which came into force on 1 August 1998) went further and made compensation orders compulsory for property damage or loss resulting from certain crimes. This article shows that this measure has failed victims and argues that they have been used in the service of other ends. Mandatory compensation orders are a token gesture repackaged as restorative justice to gain public support for the administration of the criminal justice system.Ways in which compensation orders could be made more effective and the possibilities of accommodating restorative compensation into a conventional criminal justice system are explored.
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Parmentier, Stephan, Marta Valiñas, and Elmar Weitekamp. "Restoring justice in Serbia: Reconciliation and restorative justice in a post-war context." Temida 13, no. 1 (2010): 23–41. http://dx.doi.org/10.2298/tem1001023p.
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The debate on how to deal with the past in Serbia is an ongoing one. Both the International Criminal Tribunal for ex-Yugoslavia and national criminal justice mechanisms have played an important role in prosecuting offenders. Other transitional justice approaches continue to be discussed. All in all, the Yugoslav and the Serbian cases are similar to other debates about 'dealing with the past' or 'transitional justice', as they are taking place between elites, political, economic, and within civil society, both in the country concerned and at the international level. Likewise the views and expectations of the local populations in any given country are very rarely taken into account. In this paper findings of a population-based research carried out by our research team in Serbia in 2007 are presented. The research was done by means of a quantitative survey across the country on several issues of post-conflict justice, including truth seeking, accountability, reparation for victims and reconciliation.
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Koko, Sadiki. "Implementing transitional justice in post-transition Central African Republic: What viable options?" African Human Rights Law Journal 21, no. 2 (December 31, 2021): 1–31. http://dx.doi.org/10.17159/1996-2096/2021/v21n2a38.
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The Central African Republic currently is in search of the most suitable approach to adopt in order to address serious crimes and human rights violations committed in the country in recent years. This article is a contribution to the ongoing debate relating to transitional justice options in post-transition CAR. It suggests a three-pronged policy; focusing on the perpetrators, the victims and on society generally. The proposed policy in respect of perpetrators refers to the International Criminal Court, the Special Criminal Court and the national judiciary. Amnesty could be granted to suspected perpetrators willing to cooperate fully with transitional justice institutions. Such individuals equally could be subjected to diverse forms of lustration in exchange for forgiveness. As far as victims are concerned reparation programmes should be adopted and the necessary skills provided in order to enable them, their relatives and communities to earn a living. Lastly, society-focused transitional justice initiatives could involve the effective operationalisation of the Truth, Justice, Reparation and Reconciliation Commission, the establishment of a permanent national peace and dialogue commission and the involvement of community-based mechanisms and religious leadership. Yet, in order to increase the likelihood of success for the proposed transitional justice policy, the overall capacity of the CAR state ought to be significantly improved. Furthermore, external polities will have to refrain from interfering in the country's internal affairs and, at the same time, the international community should increase its support of the CAR.
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Fasoli, Elena. "Declaratory Judgments and Official Apologies as Forms of Reparation for the Non-Material Damage Suffered by the State: the Djibouti-France Case." Law & Practice of International Courts and Tribunals 7, no. 2 (2008): 177–92. http://dx.doi.org/10.1163/157180308x373086.
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AbstractThe present article deals with the different manifestations of the non-material damage in inter-State legal relations. The recent decision rendered by the International Court of Justice on 4 June 2008 regarding certain questions of mutual assistance in criminal matters between Djibouti and France provides an opportunity to examine the intricate distinction between legal and moral damage and the consequences deriving therefrom, in terms of reparation. The judgment confirms a tendency emerging from legal literature as well as by international practice, that different types of non-material damage require different forms of reparation. Official apologies or public acknowledgment of the wrongful act – although also theoretically applicable as reparation for legal damage – are considered the most appropriate forms of reparation for the moral damage caused to a State. On the other hand, the judicial declaration of the unlawful character of an act appears an important reparatory result for the legal damage implicit in the breach of any international obligation.
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Ip, Ken Gee-kin. "Fulfilling the Mandate of National Reconciliation in the Extraordinary Chambers in the Courts of Cambodia (ECCC) – An Evaluation through the Prism of Victims’ Rights." International Criminal Law Review 13, no. 4 (2013): 865–94. http://dx.doi.org/10.1163/15718123-01304004.
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The central theme of this article is to assess whether the mandate of national reconciliation has been fulfilled in the ECCC. Recent retreats in the scope of victims’ participatory rights reveal a palpable gap between the Court’s rhetorical promises and the manifested reality. This article begins with providing some justifications for the primitive role given to national reconciliation. Then, in traversing the evolution of international criminal justice, this article highlights its departure from the traditional model of the exclusive retributive justice paradigm. Rather, there is a synergy of the retributive justice and the restorative justice paradigms within international criminal trials in the 21st century. The expanded role of victims in proceedings and the ECCC reparation regime will then be examined in this context. This article will thereafter emphasize the recurrent themes that could promote victims’ rights and herald the fulfilment of national reconciliation.
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Portinaro, Pier Paolo. "Transitional Justice. I conti con il passato." TEORIA POLITICA, no. 1 (May 2009): 5–26. http://dx.doi.org/10.3280/tp2009-001001.
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- Transitional justice refers to the admission of wrongdoing, the recognition of its effects and the acceptance of responsibility for those effects. It provides an alternative to vengeance and a measure of accountability for the perpetrators and justice for the victims by establishing truth. The article considers the different ways of taking account of the past (from direct retaliation to amnesty, from prosecution of perpetrators responsible for large-scale state brutality to public discussion about human rights abuse and shaping of collective memory) and focuses the emergence of the paradigma of restorative justice. In amending tragic historical immoralities, restitution, reparation, apology, and reconciliation replace a universal comprehensive standard of criminal justice with a negotiated justice among opposing parties in specific cases. Drawing on the discussion of some recent studies (Teitel, Elster, Barkan, Frei, Koenig) concerning the role of criminal trials, lustration policies and truth commissions in democratic transitions, the article attempts to outline even broader conclusions about a theory of transitional justice.
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Trindade, Antônio Augusto Cançado. "Reflections on the International Adjudication of Cases of Grave Violations of Rights of the Human Person." Journal of International Humanitarian Legal Studies 9, no. 1-2 (March 6, 2018): 98–136. http://dx.doi.org/10.1163/18781527-00901003.
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The coexistence of contemporary international tribunals has fostered the access to justice for the determination of international responsibility. There are approximations and convergences between the International Law of Human Rights, International Humanitarian Law, the International Law of Refugees, and contemporary International Criminal Law. The central place is of the human person. In addressing grave violations of the rights of the human person, international tribunals have a humanist common mission of rendering justice as a form of reparation. Jusnaturalism prevails over legal positivism, conscience stands above the “will”.
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Moffett, Luke, and Clara Sandoval. "Tilting at windmills: Reparations and the International Criminal Court." Leiden Journal of International Law 34, no. 3 (May 21, 2021): 749–69. http://dx.doi.org/10.1017/s092215652100025x.
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AbstractMore than 20 years on from the signing of the Rome Statute, delivering victim-centred justice through reparations has been fraught with legal and practical challenges. The Court’s jurisprudence on reparations only began to emerge from 2012 and struggles to find purchase on implementation on the ground. In its first few cases of Lubanga, Katanga, and Al Mahdi the eligibility and forms of reparations have been limited to certain victims, subject to years of litigation, and faced difficulties in delivery due to ongoing insecurity. This is perhaps felt most acutely in the Bemba case, where more than 5,000 victims of murder, rape and pillage were waiting for redress, and the defendant was not indigent, but where he was later acquitted on appeal, thereby extinguishing reparation proceedings. This article critically appraises the jurisprudence and practice of the International Criminal Court (ICC) on reparations. It looks at competing principles and rationales for reparations at the Court in light of comparative practice in international human rights law and transitional justice processes to consider what is needed to ensure that the ICC is able to deliver on its reparations mandate. An underpinning argument is that reparations at the ICC cannot be seen in isolation from other reparation practices in the states where the Court operates. Reparative complementarity for victims of international crimes is essential to maximize the positive impact that the fulfilment of this right can have on victims and not to sacrifice the legitimacy of the Court, nor quixotically strive for the impossible.
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Haynes, Stacy Hoskins, Alison C. Cares, and R. Barry Ruback. "Reducing the Harm of Criminal Victimization: The Role of Restitution." Violence and Victims 30, no. 3 (2015): 450–69. http://dx.doi.org/10.1891/0886-6708.vv-d-13-00049.
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Restitution is a court-ordered payment by offenders to their victims to cover the victims’ economic losses resulting from the crime. These losses can be substantial and can harm victims and victims’ families both directly and indirectly. But most victims do not receive reparation for their injuries, both because judges do not always impose restitution and because of problems with collecting restitution payments, even if there is a court order to do so. In this article, we review the literature on restitution and suggest that this compensatory mechanism is necessary to restore victims to where they were before the crime occurred. But monetary restitution alone is not sufficient. Making victims whole requires not only financial compensation from the offender but also procedural, informational, and interpersonal justice from the criminal justice system.
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ABDERREZAK, Ismahane. "MEDIATION AS AN ALTERNATIVE MECANISM FOR A PUBLIC LAWSUIT." RIMAK International Journal of Humanities and Social Sciences 03, no. 07 (September 1, 2021): 01–10. http://dx.doi.org/10.47832/2717-8293.7-3.1.
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Criminal mediation is one of the modern means that represents one of the most important legal mechanisms for resolving disputes in a way distinct from what is required by classic judicial procedures. Modern criminal policy has tended towards consensual solutions or consensual conciliatory justice in many cases as a reliable strategic option in reconciling the state’s right to punishment, And the right of the criminal to reform and reintegration, in an attempt to reduce the phenomenon of the criminal justice crisis and the increase in the number of cases before it, and the failure of short-term punishment, so it became necessary to search for better alternatives to gain effort and time and maintain social relations between members of society by introducing a mediator who works on bringing the points of view between the parties to the dispute, and the establishment of an agreement that guarantees reparation for the harm suffered by the victim and guarantees the rehabilitation of the offender under judicial supervision.
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Balta, Alina, Manon Bax, and Rianne Letschert. "Trial and (Potential) Error: Conflicting Visions on Reparations Within the ICC System." International Criminal Justice Review 29, no. 3 (November 15, 2018): 221–48. http://dx.doi.org/10.1177/1057567718807542.
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Twenty years ago, the International Criminal Court (hereinafter ICC or the Court) was established holding the aim of placing victims at the heart of international criminal justice proceedings and delivering justice to them through, among others, reparations. Article 75 of the Rome Statute lays out the reparations regime, and, in practice, court-ordered reparations are a means of delivering such justice. Focusing on Court decisions on reparations, our analysis takes stock of all developments before the ICC and attempts to highlight the mismatch between characteristics inherent to the objectives of international criminal trials such as providing accountability and punishment of the accused and delivering justice for victims of mass crimes—the so-called procedural challenges. We also submit that the Court is facing conceptual challenges, related to an apparent misunderstanding of the various concepts at stake: reparations as such and the various modalities and channels of enforcing them. We conclude that although the ICC’s reparation regime may not be the best reparative response to provide justice to victims in conflict situations affected by mass victimization, we suggest that improving the ICC’s approach includes, at a minimum, tackling these challenges.
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Zinsstag, Estelle. "Sexual Violence against Women in Armed Conflicts: Standard Responses and New Ideas." Social Policy and Society 5, no. 1 (January 2006): 137–48. http://dx.doi.org/10.1017/s1474746405002812.
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This article aims to assess ways in which different justice schemes may operate together for an improved legal and political response to victims of sexual crimes in the aftermath of armed conflicts. The article will briefly present the problem of sexual violence against women in armed conflict. It will then consider the evolution of criminal justice in regard to this crime, the results of recent attempts to implement truth and reconciliation processes, as well as briefly assess reparation schemes. Finally it will suggest a series of measures for coordinating the various schemes of justice in a way that guarantees women's rights in the aftermath of a conflict.
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Pérez, Moira, and Blas Radi. "Gender punitivism: Queer perspectives on identity politics in criminal justice." Criminology & Criminal Justice 20, no. 5 (July 14, 2020): 523–36. http://dx.doi.org/10.1177/1748895820941561.
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The article examines the convergence of identity politics and punitivism, two tendencies that profoundly affect current LGBT activism and state criminal policies. It considers the case of Argentina, a country often deemed exemplary in terms of gender-related legislation, and analyses a 2018 sentence that incorporates the concept of ‘travesticide’ in order to examine how the role of identity in political strategies, added to prevailing notions of gender, limits the possible approaches and answers to violence against gender non-conforming communities. It then takes this a step forward to understand how these answers are, in turn, often reduced to punitivist outcomes, narrowing the understanding of reparation and exposing the most vulnerable subjects in the community to further violence. As a contribution to Queer Criminologies, the article seeks to expose the limitations of identity politics, and in particular of its advocacy for gendered rights, showing how they can force gender non-conforming subjects to choose between rights, most notably between legal recognition of their gender identity, and safety vis-à-vis the state apparatus of criminal justice.
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Barbu, Denisa. "Remedy Action for Judicial Errors Committed in Criminal Proceedings in the Light of the Provisions of the European Convention of Human Rights and the Practice of the European Court of Human Rights." Logos Universality Mentality Education Novelty: Law 10, no. 2 (January 10, 2023): 01–12. http://dx.doi.org/10.18662/lumenlaw/10.2/72.
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In its desire to integrate into the European Union and to close chapter 24 of accession, entitled "Internal Affairs and Justice", Romania adopted a series of regulations in criminal matters aimed at ensuring the alignment of our legislation with that of the countries of the European Community. However, our country remained unable to openly recognize its gaps and mistakes in this field, as well as to take measures in the sense shown. Thus, the New Code of Criminal Procedure remained, further, very restrictive, not fully clarifying the hypothesis of persons sent to court in a state of freedom and who were unjustly convicted. This article deals with the issue of reparation for miscarriages of justice in criminal trials, as it has evolved in the light of the provisions of the European Convention on Human Rights and the practice of the European Court of Human Rights.
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STAHN, CARSTEN. "The Geometry of Transitional Justice: Choices of Institutional Design." Leiden Journal of International Law 18, no. 3 (October 2005): 425–66. http://dx.doi.org/10.1017/s0922156505002827.
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Recent years have seen a proliferation of forms of transitional justice, ranging from pure truth and reconciliation formulas to various integrated approaches, combining international or internationalized trials with alternative forms of justice. Many of these phenomena have been examined in individual case studies. However, few attempts have been made to put the various pieces of the puzzle together and to analyze the merits and pitfalls of different institutional choices of transitional justice. This essay seeks to fill this shortcoming. It looks at different institutional designs of transitional justice from a comparative and impact-based perspective. It tries to identify some of the contextual parameters which may contribute to the success or failure of specific formulas of institutional design. Moreover, this contribution seeks to establish that international and domestic models of justice are not contradictory, but interdependent forces in the process of sustainable peacemaking, in areas such as criminal trials, victim's protection and reparation. It argues that transitional justice requires pluralist and complementary approaches, combining parallel mechanisms at the domestic and the international level, in order to succeed in practice, especially after the coming into operation of the International Criminal Court.
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Mackay, Michael. "Aboriginal juveniles and the criminal justice system: The case of Victoria." Children Australia 21, no. 3 (1996): 11–22. http://dx.doi.org/10.1017/s1035077200007161.
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In the light of continuing concern about the high level of involvement of Aboriginal people in the criminal justice system, this article examines the 1993/94 police data for Victoria. The focus is on juvenile ‘alleged offenders processed’. The data shows contact commencing early and a continuing high level of contact with the system, especially for young Aboriginal males. Although there has been a reduction in the over-representation ratio of Aboriginal juveniles in juvenile corrective institutions, the difference in rates at all points in the system compared to non-Aboriginal youth is substantial.Longer-term consequences including the likelihood of adult incarceration are serious and the need for more research and action is clearly signalled.
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Beatrice, Megan. "A problem-solving approach to criminalised women in the Australian context." Alternative Law Journal 46, no. 1 (January 24, 2021): 41–46. http://dx.doi.org/10.1177/1037969x20985104.
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The upward trend of incarceration rates persists among women in Victoria, with increasingly punitive sentencing and onerous new bail laws. At the same time, the complex needs of women in the criminal justice system are becoming the focus of greater study and documentation. This article presents the case for a specialist women’s list under the Magistrates’ Court of Victoria jurisdiction, based in principles of therapeutic jurisprudence and procedural justice. While the list aims to reduce offending by addressing criminogenic factors unique to women, the picture is far bigger; the Victorian Women’s Court ultimately promotes justice for women who commit crimes.
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Namakula, Catherine S. "Reparations without reparation: A critique of the Germany–Namibia Accord on colonial genocide." African Yearbook on International Humanitarian Law 2021 (2021): 46–66. http://dx.doi.org/10.47348/ayih/2021/a2.
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Reparation is meant for effect: to make amends. The offer of EUR 1,100 million by the Federal Republic of Germany to the Republic of Namibia, in an agreement of June 2021, for the genocide committed during the colonial-era occupation encourages debate about the categorisation and effect of the payment in the fields of human rights and international criminal justice. The genocide was characterised by the loss of the lives of thousands of people among the Nama and Herero of Namibia between 1904 and 1908. In a pioneering analysis, this article reiterates the principles of reparation in international criminal jurisprudence as a yardstick for this significant gesture of remorse. Reparations must meet both procedural and substantive requirements: they must be proportional, appropriate, prompt and adequate, and they must culminate from a process that ensures the meaningful participation of victims and judicious regard for all relevant factors and circumstances. Reparations for the sake of it, without the remedial effect, make a mockery of justice. An agreement for development aid, however generous, cannot meet the standards of reparation for gross human rights violations. It does not oust the jurisdiction of a competent court on the matter and the pre-emptive clause intended to make the financial component in the Germany–Namibia Accord conclusive is unenforceable. This significant discourse must be guided by clearly set standards to avoid replicating the power dynamics which characterised the commission of the crimes that are intended to be addressed. Furthermore, the distinct treatment of victims on the basis of race and colonial history is repugnant and not defensible. A formidable institutional framework is needed for reparations for the trans-Atlantic trade and trafficking in enslaved Africans and colonial crimes, comprising a United Nations independent mechanism and a specialised committee of the African Union, supported by national committees of the respective countries.
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Abtahi, Hirad. "Types of Injury in Inter-State Reparation Claims: A Guide for the International Criminal Court." Canadian Journal of Law and Society / Revue Canadienne Droit et Société 30, no. 02 (July 23, 2015): 259–76. http://dx.doi.org/10.1017/cls.2015.18.
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Abstract In determining “the scope and extent of any damage, loss and injury to, or in respect of, victims” under article 75(1) of the International Criminal Court (“ICC”) Statute, the ICC will progressively lay the foundation of reparations in international criminal justice. In the process of establishing the typology of harms sustained by natural and—under some qualifications—legal persons, inter-state claims practice may prove to be of assistance to the judges in light of the particular circumstances of each case. In addition, such an exercise illuminates how the doctrinal methods adopted in public international law scholarship categorize and describe the harms that have given rise to reparation claims during both war and peacetime.
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Barbu, Denisa. "The Evolution of the Regulations regarding the Right to Compensation for Judicial Errors in Criminal Trials - Based on the Influence of International Conventions, National and ECHR Jurisprudence." Jurnalul de Studii Juridice 17, no. 1-2 (October 10, 2022): 121–33. http://dx.doi.org/10.18662/jls/17.1-2/103.
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The legal institution regulated by art. 505-507 of the Criminal Procedure Code represents the last step of the complex of procedural guarantees subsumed by the notion of purpose of the criminal trial. The entire regulation in criminal procedural matters has in mind this axis, of finding out the truth, in the event that the mentioned finality would not be achieved by resorting to the procedural remedy of the ordinary and extraordinary appeals, so that, in the end, the court decision, once definitive, is considered the expression of the truth (res judicato pro veritate habetur). It was noticed, however, that the elimination of errors by means of the above-mentioned procedure does not always lead to the removal of all the consequences of an unjust act of justice, due to the consequences they generate, specifically, for on the person who was previously subjected to judgment. As a result, the legal provisions regarding the reparation of damage in case of false conviction or ilegal arrest are emerging as a complementary institution to the criminal process, necessary for the execution of justice and the restoration of the legal order.
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Wright, Adrian. "Reviews : Making Amends: Mediation and Reparation in Criminal Justice Gwynn Davis Routleage, 1992; £35 hbk." Probation Journal 39, no. 4 (December 1992): 213–14. http://dx.doi.org/10.1177/026455059203900416.
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Walther, Susanne. "Reparation in the German Criminal Justice System: What is, and what Remains to be Done." International Review of Victimology 7, no. 4 (September 2000): 265–80. http://dx.doi.org/10.1177/026975800000700404.
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Hamzah, Ghufron, and Sahiron Syamsudin. "Restorative Justice dalam Ayat Pidana Pembunuhan Pendekatan Hermeneutika Ma’nā-Cum-Magzā." Jurnal SMART (Studi Masyarakat, Religi, dan Tradisi) 8, no. 2 (December 30, 2022): 287–300. http://dx.doi.org/10.18784/smart.v8i2.1678.
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This study was motivated from the urge of reinterpreting criminal verses contextually that still pay attention to the role of text, context and contextualization. The ma’nā-cum-magzā hermeneutics method was chosen as a method of interpretation in this study because it was considered moderate hermeneutics. It is a method of interpretation resulting from the synthesis of subjectivist and objectivist hermeneutics to become subjectivist- cum-objectivist. Because the object of this study was verses of criminal law, the theory used was legal theory, namely restorative justice, on the basis that this study was conducted to find the principles of restorative justice in criminal law verses. Therefore, this study focused on answering three problem formulations. First, why is it necessary to reinterpret the verses of the Al-Qur'an regarding the crime of murder? Second, how is the reinterpretation of the verses of the Qur'an regarding the punishment for murder with maʻnā-cum- magzā hermeneutics? Third, how relevant is the principles of restorative justice with the results of the reinterpretation of the verses of the Qur'an regarding the crime of murder? This study concludes that First, the verses of the Qur'an regarding the crime of murder still need to be reinterpreted because the context at the time of revelation was different from that of today. These verses cannot be taken literally and statically. Second, by using the maʻnā-cum-magzā hermeneutic method, the principles of restorative justice contained in the verses of the Al-Qur'an about murder can be explored. The principles of restorative justice excavated from the criminal law on murder are the main basis for solving criminal cases. Third, the relevance of the principles of restorative justice can be seen from the analysis of the keywords 'ufiya, ma'rūf, ihsān, and 'aṣlaḥa. Apology, reparation, and transformation are the principles of restorative justice contained in these keywords. In the end, the reinterpretation of criminal law verses is an effort to comprehend the text contextually without changing the spirit of shari'a, in accordance with the objectives of Islamic law, namely realizing the benefit of mankind.
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Beyer, Lorraine, Gary Reid, and Nick Crofts. "Ethnic Based Differences in Drug Offending." Australian & New Zealand Journal of Criminology 34, no. 2 (August 2001): 169–81. http://dx.doi.org/10.1177/000486580103400205.
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There is a perception in Victoria that some ethnic groups are more heavily involved in illicit drugs than others. The published police and prison statistics appear to support this view. The paper discusses why published statistics show an increase in drug offending by people of Vietnamese birth, describes some of the outcomes of current criminal justice responses to the illicit drug problem in Victoria, and identifies differing offending patterns between drug offenders of “Asian” and “non-Asian” backgrounds. Court and Juvenile Justice key informants’ perceptions of the reasons young “Asian” people become involved with heroin is also briefly discussed.
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Douglas, Roger, Kathy Laster, and Nicole Inglis. "Victims of Efficiency: Tracking Victim Impact Information through the System in Victoria, Australia." International Review of Victimology 3, no. 1-2 (January 1994): 95–110. http://dx.doi.org/10.1177/026975809400300207.
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The courts of summary jurisdiction in Victoria have recently streamlined procedures for the hearing of guilty pleas: sentencing decisions are now determined largely on the basis of a brief summary of ‘facts’ presented by the prosecution. To assess the extent to which these summaries detail the harm suffered by victims we analysed 276 assault case summaries. The data indicate that summaries rarely report details of victim injury even where this information had been gathered by police. However, the data also suggest that disclosing details of victim injury makes little difference to sentencing and other decisions. This article outlines how existing procedures have allowed information about victims to ‘get lost’ in the system. It argues that demands for reform of the criminal justice system to give greater attention to the interests of victims must take into account the system's commitment to administrative rationalism and technocratic justice. Systematising police summaries in the mention court may prove to be a practical way of reconciling the concerns of victims with the organisational priorities of criminal justice agencies.
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Cuppini, Alessandra. "A Restorative Response to Victims in Proceedings before the International Criminal Court: Reality or Chimaera?" International Criminal Law Review 21, no. 2 (February 15, 2021): 313–41. http://dx.doi.org/10.1163/15718123-bja10041.
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Abstract The integration of the framework of victims’ participation into the legal proceeding of the International Criminal Court (icc) has been seen as a transformation of the icc process beyond narrow retribution to better accommodate restorative justice (rj) values and practices. However, there is little research into whether, or how the icc metes out rj. This article argues that rj principles brought within icc emphasise the growing importance that victims’ participation in proceedings plays in achieving justice for victims. It then examines how the icc process aligns to the key elements of rj practice, namely victim-offender meeting; offender’s acknowledgement of responsibility and apology; collaborative conflict-resolution approach; victims’ healing and reconciliation; symbolic reparation and material restitution. This article demonstrates that these elements, developed to address ordinary juvenile criminality, are not structured to operate in the particular context of the icc, characterised by grave harm caused to victims and communities by mass atrocity.
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Edwards, Anne, and Melanie Heenan. "Rape Trials in Victoria: Gender, Socio-cultural Factors and Justice*." Australian & New Zealand Journal of Criminology 27, no. 3 (December 1994): 213–36. http://dx.doi.org/10.1177/000486589402700301.
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The criminal law with respect to rape continues to be a major focus of academic, feminist and community attention. Since the 1970s a number of reforms have been introduced into the statutes and procedures relating to the definition of rape and the conduct of rape cases in the courts. This paper reports on the results of a 1990 Melbourne study, involving first-hand observation and systematic written recording of the entire court proceedings in six rape trials. The intention was to examine the role extra-legal socio-cultural factors play in the presentation and interpretation of accounts given in court and the influence they have on the outcomes. The analysis explores in detail the influence of the following: use of physical force and resistance; alcohol; the victim's social, moral and particularly sexual character, and her relationship with the accused.
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Rouhi, Ebad, Leila Raisi Dezaki, and Mahmoud Jalali Karveh. "Protection of Prisoner’s Human Rights in Prisons through the Guidelines of Rule of Law." Journal of Politics and Law 10, no. 1 (December 29, 2016): 71. http://dx.doi.org/10.5539/jpl.v10n1p71.
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Punishing the criminals is one of the criminal justice mechanisms to compensation and reparation for victims and society. In this regards some of the punishments are determined by criminal justice systems in every society. Imprisonment is one of these penalties which specified in this regard and through this punishment the convicted persons are detained in prison. However, the guilty is sentenced to prison and restriction of his or her liberties, but she or he has fundamental rights and freedoms that must be protected even if in prison and has the right to how to be punished. All of these rights and freedoms are protected by the rule of law. This issue means that how to be punished is restricted under the definite principles which have to be exercised when the retribution and punishment is ongoing. This matter of criminal law and criminal justice is considered as right on how to be punished. The area of this right and authority of prison’s heads and its personnel is determined by law. In order to do that and protection of prisoner’s human rights and regulating manner with them and also for prison management, the rule of law provided a set of guidelines. According to these guidelines prison is managed in the legal framework as well as in this context the prisoner’s rights are protected effectively. These guidelines are provided in some of international legal instruments. This article investigates these guidelines and in respect of their human rights aspects which related to the environmental, educational, management, health care, personnel and humanistic dimensions of imprisonment these guidelines and instructions are studied and analyzed.
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Duy, Le Huynh Tan, and Marilyn McMahon. "Protecting the Identity of Juveniles in Criminal Proceedings in Viet Nam and Victoria." Asia-Pacific Journal on Human Rights and the Law 22, no. 2 (May 31, 2021): 115–49. http://dx.doi.org/10.1163/15718158-22020001.
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Abstract This article compares protections relating to the non-disclosure of the identity of juveniles involved in the criminal justice systems of Viet Nam and Victoria (Australia). Both jurisdictions are committed to the principle of having an open court for the trials of juveniles. Nevertheless, being mindful of recommendations made by human rights bodies such as the United Nations Committee on the Rights of the Child – which promotes a closed court for these cases – both jurisdictions also recognise the importance of protecting the identity of juveniles on trial for criminal offences. They seek to balance their competing commitments to open court hearings and the protection of privacy through severely restricting the publication of information that could identify juvenile defendants. However, a review of the law and practices in both jurisdictions identifies different impacts and a number of problems. While restrictions on the publication of identifying information works effectively in Victoria, relevant laws are regularly breached without prosecution in Viet Nam. Significantly, existing protections in both Viet Nam and Victoria are almost exclusively focused on the trial phase and very few effective protections exist at earlier points, such as arrest and interrogation. This was highlighted by a focused investigation of pre-trial detention (bail), which revealed that while the practical operation of bail processes in Victoria is relatively stronger than in Viet Nam, statutory reform is required in both jurisdictions to strengthen legal protections against disclosure. In summary, the analysis demonstrates that it is possible to effectively protect the identity of juvenile defendants at the trial phase in an open court system provided that laws prohibiting the publication of identifying information are enacted, observed and enforced. In Viet Nam, significant changes in attitudes and practices are required to achieve this. Moreover, reform is required in both jurisdictions if the identity of juveniles involved in criminal justice proceedings is to be protected at the pre-trial phase.
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Hamilton, Tomas, and Göran Sluiter. "Principles of Reparations at the International Criminal Court: Assessing Alternative Approaches." Max Planck Yearbook of United Nations Law Online 25, no. 1 (December 23, 2022): 272–317. http://dx.doi.org/10.1163/18757413_02501018.
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While the Rome Statute of the International Criminal Court requires the judges of the Court to establish principles of reparations, the existing case law is developing on shaky doctrinal foundations, failing to take into account legal sources, particularly from national civil torts systems, that offer vital law and practice that could inform the Court’s reparations orders. This article evaluates the legal basis of the existing reparations case law of the Court, arguing that undue prominence has been given to soft law human rights instruments while a lack of reference to the framework methodology in Article 21 of the Rome Statute has left the reparations principles weakly articulated. There are alternatives that the Court could consider in future, notably an increased role for and coordination with national justice systems, the potential for drawing on reparation rules from national torts systems, and the relevance of the lex loci damni principle. The article assesses these alternatives and proposes routes forward for the Court’s reparations practice based on the Rome Statute’s legal mandate.
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Evseev, Aleksandr. "Transitional justice in Colombia: unrealized potential." Meždunarodnoe pravosudie 10, no. 4 (2020): 77–99. http://dx.doi.org/10.21128/2226-2059-2020-4-77-99.
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The article analyzes the theoretical and practical problems that arise during the construction of the Colombian model of transitional justice. The latter is viewed as a combination of judicial and quasi-judicial means, with the help of which it becomes possible to achieve a peaceful settlement after the end of the civil war of 1964–2016. Particular attention is paid to the socio-political context and mass sentiments prevailing in Colombian society regarding the legitimacy of transferring the Anglo-American construction of Transitional Justice to Latin America. The so-called “Integrated System of Truth, Justice, Reparation and Non-Repetition”, which is a consolidated version of the four main elements of transitional justice: criminal prosecution, truth seeking, reparations to the innocent victims and “deal with the past”, is being studied in detail. In particular, the author dwells on the issue of amnesties for participants in an armed conflict, the activities of the “truth commission” and compensation payments to victims of mass violence. In addition, the article examines the activities of the Colombian Special Jurisdiction for Peace, the relevant statistical data are provided. The “Santrich case” is mentioned as a marker of negative trends that continue to grow in the activities of a new jurisdiction. The conclusion is that the legal means of resolving the conflict are secondary, albeit of absolute importance, in comparison with political agreements, to which all participants of the process of national reconciliation sometimes are not ready organizationally and psychologically.
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Adar, Perpetua Akoth. "Domestic accountability through strategic litigation: Towards redress and reparations for Kenya's 2007-2008 post-election sexual and gender-based violence." African Human Rights Law Journal 22, no. 1 (August 11, 2022): 1–28. http://dx.doi.org/10.17159/1996-2096/2022/v22n1a9.
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There are a range of impediments in the pursuit of redress and reparations for sexual violence, more so in conflict and post-conflict situations. Often if accountability is sought through judicial institutions, it is through criminal proceedings. However, another option available is to file, simultaneously or alternatively, a civil and/or constitutional proceeding. In February 2013 six women and two men who were sexual and gender-based violence survivors of Kenya's 2007-8 postelection violence filed a constitutional petition. On 10 December 2020 the Kenyan High Court awarded four survivors Kes 4 million (approximately US $36 513) as general damages for the violation of their constitutional rights. This article, which is anchored on Kenya's human rights obligations, uses Kenya as a case study to examine the pursuit of domestic accountability through strategic litigation and the contribution made towards redress and reparation for survivors of sexual and gender-based violence from post-election violence. First, the author argues that the transitional justice approach in Kenya provided the foundation for the strategic litigation case. Therefore, the article provides an overview of key aspects of Kenya's transitional justice approach. Second, the author argues that to understand the significance of the strategic litigation, an understanding of the sexual and gender-based violence which necessitated the strategic litigation case is necessary. The article therefore examines Kenya's legacy of historical injustice and gross human rights abuses which played a role in the sexual and gender-based violence during post-election violence. Third, the author analyses the strategic litigation case, considering the key claims by the petitioners and the decision of the Court. Finally, the article discusses the lessons learnt and contribution made by this case. The author submits that, although imperfect, this strategic litigation was a valuable recognition and acknowledgment of sexual and gender-based violence survivors of post-election violence, contributed to reparation access and had an impact on domestic accountability as an option for redress and reparation.
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Eddyono, Sri Wiyanti. "Criminal Code Draft and Protection for Victims of Gender Based Violence." Jurnal Perempuan 23, no. 2 (May 16, 2018): 65. http://dx.doi.org/10.34309/jp.v23i2.233.
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This paper analysis whether the Criminal Code Draft is oriented towards the interests and protection of the rights of victims especially women victims of gender-based violence. This paper uses juridical or normative research methods, through analysis on articles in the Criminal Code Draft. This study uses analytical framework of feminist legal theory which put law as a political product and often neglects the interests of women victims of violence that vary. This paper finds that the main orientation of the Criminal Code Draft is the interests of the perpetrator and the community, but not explicitly oriented to the victim's interests. It is assumed that with reference to the public interest then it has been victim-oriented. The victim is still seen as the party who helps to reveal the case alone, not the party who has suffered the loss so they need protection and reparation. The responsibility of the perpetrator is addressed to meet the interests of a sense of community justice, not a victim. In addition, some of the regulatory articles on criminal offenses still contain problems because the Criminal Code Bill prefer to compiles several laws outside the Criminal Code but does not revise articles which based on the experiences of the victims is difficult to implement, such as the arrangement of PKDRT (domestic violence). Furthermore, there are still articles that victimize victims by criminalizing those who are actually victims of gender-based violence.
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Baidawi, Susan, and Rosemary Sheehan. "Maltreatment and Delinquency: Examining the Contexts of Offending Amongst Child Protection-Involved Children." British Journal of Social Work 50, no. 7 (October 14, 2019): 2191–211. http://dx.doi.org/10.1093/bjsw/bcz113.
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Abstract Child protection-involved children experience disproportionately high criminal justice system contact, yet little is known about the circumstances in which such children offend. This study sought to identify the contexts in which this group of children offend and factors associated with children being charged in each context. A mixed-methods analysis of Children’s Court case files was conducted utilising a cross-sectional sample of 300 children who came before three Children’s Criminal Courts in Victoria, Australia, and who also had statutory Child Protection involvement. Three key contexts of offending were identified: adolescent family violence (AFV), residential care-based offending and group-based offending. A total of 33 per cent of children had engaged in AFV (23 per cent had AFV-related charges), 36 per cent of children ever placed in residential care acquired charges relating to their behaviour in these settings, while 44 per cent of children had engaged in group-based offending. More than one-third of children (38 per cent) also had criminal charges stemming from justice system interactions (e.g. resisting arrest). Children’s cumulative neurodevelopmental, mental health and substance abuse challenges correlated with offending in each context. Strategies to reduce youth justice contact amongst child protection-involved children should consider systems responses to AFV and behavioural challenges in residential care.
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O’Brien, Wendy, and Kate Fitz-Gibbon. "Can Human Rights Standards Counter Australia’s Punitive Youth Justice Practices?" International Journal of Children’s Rights 26, no. 2 (May 3, 2018): 197–227. http://dx.doi.org/10.1163/15718182-02602004.
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Recent practices in the administration of youth justice across Australian state and territory jurisdictions reveal a powerful tension between the punitive imperative of “tough on crime” political populism, and internationally agreed minimum standards relevant to the treatment of children. In questioning the extent to which human rights standards can and should be used as a useful tool to counter punitive youth justice practices, this article identifies major points of discrepancy between Australia’s international legal obligations and the doctrine and operation of domestic criminal law as it applies to children in conflict with the law. Examining youth justice “crises” in two Australian states, the Northern Territory and Victoria, the article concludes that while child rights are not directly justiciable in Australia, global standards on youth justice provide a unifying discourse that is resistant to the vagaries of populism, and which can guide reform for child rights compliant youth justice legislation and practice.
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Torres Quintero, Angélica Paola, Juliana Villanueva Congote, Maria Camila Jaramillo Bernal, Esteban Sotomayor Carreño, and Catherine Gutiérrez Congote. "Mental Health in the Attention Models for Juvenile Offenders. The Cases of Colombia, Argentina, United States and Canada." Universitas Médica 59, no. 4 (October 19, 2018): 1–6. http://dx.doi.org/10.11144/javeriana.umed59-4.infr.
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Abstract
Objective: To investigate how mental health is understood and approached in the attention models of detention centers for the convicted underage population in Argentina, Colombia, United States and Canada. Methodology: A literature search was conducted using the following key words: adolescence, mental health, juvenile justice, juvenile delinquency, risk factors, and interventions. Searches were done through the search engine Pubmed. Additionally, public institution websites for each country were consulted. Conclusions: Juvenile delinquency is now understood as a multi-factorial phenomenon with multiple areas of intervention within which economic, domestic and social factors are considered relevant, since these favor the development of criminal behavior. A similarity was found between Colombian and Argentinian systems; both are based on restorative justice that seeks reparation and not punishment; which is why there are no punitive measures. When comparing Canada and the United States, it can be seen that Canada is more similar to Latin-American countries than to the United States, given that the latter uses punitive measures focused on the offender.
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Fitz-Gibbon, Kate, and Wendy O'Brien. "A Child’s Capacity to Commit Crime: Examining the Operation of Doli Incapax in Victoria (Australia)." International Journal for Crime, Justice and Social Democracy 8, no. 1 (February 19, 2019): 18–33. http://dx.doi.org/10.5204/ijcjsd.v8i1.1047.
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The rebuttable presumption of doli incapax is available in all Australian states and territories and provides that, where a child is unable to comprehend the distinction between actions that are ‘seriously wrong’ and those that are ‘naughty or mischievous’, they cannot be held criminally responsible for their actions. Despite the key role that doli incapax should play in diverting the youngest offenders away from the criminal justice system, its operation to date has been largely unexamined. This article seeks to directly address this gap. Drawing on the experiences of those involved in all aspects of the youth justice system, this article examines the need for, and the effectiveness of, the presumption of doli incapax in Victoria, Australia. Revealing inconsistencies in the use of the presumption, the article also examines the need for future reform of this area of law.
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Schermuly, Allegra Clare, and Helen Forbes-Mewett. "Police legitimacy: perspectives of migrants and non-migrants in Australia." Journal of Criminological Research, Policy and Practice 5, no. 1 (February 28, 2019): 50–63. http://dx.doi.org/10.1108/jcrpp-08-2018-0025.
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Purpose This paper is drawn from a larger study investigating community perceptions of police legitimacy in the Monash Local Government Area (LGA), in the Australian state of Victoria. Monash had seen declining results in the official government survey in the indicators that assessed police legitimacy over the preceding decade. The purpose of this paper is to explore the perceptions of both migrant and non-migrant participants to understand the role of migrant status in influencing assessments of police legitimacy in Monash LGA. Design/methodology/approach Through six focus groups, 18 interviews and one e-mail response with 31 individuals, perceptions of Victoria Police among the communities of Monash were collated and analysed. Findings One of the key findings of the study was that ethnic diversity and/or migrant status of community members were a key factor raised in response to questions about community perceptions of the legitimacy of Victoria Police in Monash LGA. Demographic change had been significant in Monash LGA over the preceding decade, including increasing ethnic diversity in the population and a shift in migration patterns from predominantly European to migrants from East and South Asia. In this paper, the authors suggest that the migrant status of Monash residents was a key factor that both migrant and non-migrant participants thought influenced perceptions of the police. Accordingly, because migrants make up a significant cohort of Australia’s population, we afford due attention to this previously overlooked topic. Practical implications The practical implications of this paper are as follows: existing Victoria Police partnerships in the Monash community should be continued and expanded where possible; Victoria Police should also prioritise partnerships with large, new migrant communities, for example, Monash’s Chinese communities; orientation for new migrants to Victoria around the criminal justice system, including Victoria Police, would help new migrants be more aware of their rights and what to expect of law enforcement in their new host country; police should continue to increase representation of ethnic diversity in the force via recruitment of greater numbers of ethnically diverse police members. Originality/value Although there have been previous Australian studies on migrant status as a factor in perceptions of criminal justice (see Murphy and Cherney, 2011, 2012; Hong Chui and Kwok-Yin Cheng, 2014), the paper identifies a distinct narrative around migrants’ views of Victoria Police which the authors believe warrant further investigation using an example from a local context. Furthermore, most research in this field has been quantitative. The current study provides additional new insights through an in-depth qualitative approach.
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Bernuz Beneitez, María José, and Andrés García Inda. "Justicia restaurativa y mediación penal intrajudicial en Aragón: condiciones, resistencias e incertidumbres (Restorative Justice and Mediation Within the Criminal Legal System in Aragon: Conditions, Resistances and Uncertainties) (Restorative justice and mediation within the criminal legal system in Aragon: conditions, resistances and uncertainties)." Oñati Socio-legal Series 9, no. 6 (December 30, 2019): 951–82. http://dx.doi.org/10.35295/osls.iisl/0000-0000-0000-1088.
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La justicia restaurativa se ha convertido en una filosofía de resolución de conflictos con vocación global, que implica a las partes y procura la responsabilización del agresor y la reparación para las víctimas. Y entre las herramientas para hacerla efectiva en el ámbito judicial penal la más generalizada es la mediación, sobre todo en el contexto europeo. Sin embargo, a la hora de su implantación, no son pocas las resistencias tanto profesionales como institucionales, e incluso por parte de la ciudadanía. Para tratar de profundizar en ellas, y clarificar los retos de las políticas públicas en esta materia, el presente trabajo recoge los resultados de una investigación sociojurídica llevada a cabo en 2019 sobre justicia restaurativa y mediación penal intrajudicial en la Comunidad Autónoma de Aragón. Restorative justice has become a conflict-solving philosophy with a global vocation, involving the parties and aiming for the accountability of the aggressor and reparation for the victims. Among the tools to implement it in the criminal judicial scope, the most extended is mediation, especially in Europe. However, there are many resistances to its implementation, both from the profession and from the institutions, and even from the people. In order to take a deeper look into these resistances, and to clarify the challenges that public policies are facing, this paper presents the findings of a socio-legal research carried out in 2019 about restorative justice and criminal mediation within the judiciary in the Autonomous Community of Aragon (Spain).
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O'Malley, Pat, Garry Coventry, and Reece Walters. "Victoria's “Day in Prison Program”: An Evaluation and Critique." Australian & New Zealand Journal of Criminology 26, no. 2 (December 1993): 171–83. http://dx.doi.org/10.1177/000486589302600206.
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The use of “Day in Prison” programs to deter young adult offenders is a concept which originated in the United States and was replicated in Australia during the late 1970s. After almost a decade of uncertainty this model of ‘crime prevention’ re-emerged in Victoria with the introduction of a pilot “Day in Prison” program. This article traces the development and operation of the Victorian experience and provides evaluation research findings which conclude that coercive, intimidatory and degrading aversion techniques should not be utilised by the criminal justice system for the purposes of individual deterrence.
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Begishev, Ildar R. "Limits of criminal law regulation of robotics." Vestnik of Saint Petersburg University. Law 12, no. 3 (2021): 522–43. http://dx.doi.org/10.21638/spbu14.2021.303.
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The article analyzes the current state of intersectoral relations in the legal regulation of robotics. The author points out the complementarity and consistent integration of legal processes occurring in civil, administrative and criminal law into a single system. The connection between civil law institutions, in particular the institution of reparation and liability insurance with the provisions of criminal law is essential for the establishment of an effective criminal justice system of regulation using robotics and the construction of relevant norms. The study concluded that the main criterion distinguishing civil law torts with the use of robotics from criminal offences is the degree of public danger of these acts and the extent of damage caused from the consequences that have occurred. Civil liability for damage caused by robotics does not preclude administrative or criminal liability. The author presumes that there are no mechanisms in civil law to hold software developers for robots accountable, which is a serious omission in the context of the growing autonomy of robotics. Russian criminal legislation also does not address the problem of compensation for the use of military-type service robots in combat operations. This is a significant legal gap and prevents victims from seeking redress. The author considers it essential to recognize controlled and semi-controlled robots as sources of increased danger. The author also argues that the responsibility for the damage caused by controlled and semi-controlled robots should be assigned to the owners. Conceptually, it is considered important to take into account the degree of autonomy of robots and their relationship to the actions of operators. Both robots themselves (fully autonomous) and robotic (controlled and semi-autonomous) activities are a source of increased danger.
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Fatyanov, I. V. "On the problem of establishing a condition for compensation for damage and making amends for damage when a criminal case (criminal prosecution) is terminated in connection with the appointment of a criminal law measure in the form of a court fine." Siberian Law Herald 4 (2021): 129–34. http://dx.doi.org/10.26516/2071-8136.2021.4.129.
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The article examines the ambiguity in the interpretation of article 76.2 of the Criminal code and article 25.1 of the Criminal procedure code of the Russian Federation to establish terms of compensation for the damage and (or) smoothing caused by the crime harm. The author substantiates the argument about the fallacy of considering this condition only formally, the author focuses on the mandatory establishment in this case of the characteristics of the identity of the guilty person and the measure of public danger of the committed act. The scientific novelty of the article lies in the approach proposed by the author to the study of the problem of establishing such a condition. In particular, the author considers it essential to solve such a problem to study the legal nature of compensation for damage and compensation for damage when a criminal case (criminal prosecution) is terminated on this basis. The author defines the specifics, identifies the main purposes of such a legal phenomenon in the context of a legal problem. The article concludes that if the preliminary investigation body and (or) the court (justice of the peace) the lack of property harmful consequences from the crime, the failure to make reparation is not to be considered as an obstacle to the termination of criminal proceedings on the grounds provided by article 25.1 of the Criminal procedure code of the Russian Federation, article 76.2 of the Criminal code of the Russian Federation. As a conclusion, the scientific work has prepared a specific text of the interpretation of the condition in the relevant explanations of the Supreme Court of the Russian Federation, which will exclude ambiguity on this issue from the law enforcement officer.