RESTORATIVE JUSTICE: CONCEPT, BASIC MODELS AND JUSTICE FOR CRIME VICTIMS

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 process, including diversion from formal criminal proceedings. This justice is fairer than the judicial one and tends towards the reconciliation of 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 a more humane treatment of the perpetrator of the criminal act, 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 responsibility is not determined, but accepted by the perpetrator. In this sense, within the concept of restorative justice, four models have been developed in the world, which, despite certain differences, have a common basic idea of achieving the stated goals. In the literature, the main objection is that this approach reduces the punishment for the perpetrator of the criminal act, because it is assumed that he would be more likely to be sanctioned more severely with the traditional criminal procedure. However, despite the criticism, evaluation studies of this justice showed mostly positive results.
The authors deal with, among other things, advantages and disadvantages, and models of restorative justice. The discussion focuses on and analyzes the meanings of a just state and society, and considers different variants of justice for victims.