Can Criminal Law Instruments Implement the Concept of Restorative Justice?
Journal Title: International Journal of Forensic Sciences - Year 2019, Vol 4, Issue 2
Abstract
Restorative justice underlies various legal solutions all over the world. The Polish legislator also made reference to restorative justice by including the settlement between the offender and the victim among sentencing directives. The objective of this article is to conduct a more detailed examination of this directive in relation to the essence of RJ, and then to review and analyse the solutions adopted in Polish criminal law in terms of their usefulness for the implementation of the objectives of restorative justice. The text will concentrate on those instruments and penal measures which are not designed to be used for repression against the offender and create – at least seemingly – space for objectives closer to RJ. The compensatory measures, the probative measures and an active repentance will be taken into account. The Polish criminal law is consistent with the continental model existing in all Europe. Therefore, conclusions resulting from this analysis may provide inspiration also for authors functioning in normative realities other than Polish.
Authors and Affiliations
Sitarz O*, Wieloch JA and Bek D
Keywords
Related Articles
- EP ID EP746771
- DOI 10.23880/ijfsc-16000166
- Views 33
- Downloads 0
Prisoners' Rights. Pre-Trial Detention vs. Deprivation of Liberty
The principle of the presumption of innocence is recognised in most legal systems all over the world. That principle requires that public statements and official decisions from public authorities do not refer to the sus...
Profile and Analysis of Road Traffic Accidents in Khammam
During one year study period a total 768 cases of medico legal autopsies were conducted out of which 108 cases were of fatal road traffic accidents at the mortuary of Mamata Medical College and MGH, Khammam, Telangana. M...
Detection and Confirmation of Transfluthrin in Viscera- A Case Study
Mosquito repellents such as vaporizers, mats, coils and creams are being used in the household to reduce the risk of dengue, chickungunya and other infectious diseases. Nowadays liquid mosquito repellent is very common...
Biomechanics and Methodology for the Analysis of Injuries Related to Forensic Technical Correlations
The paper describes the definition of biomechanics and methodologies to identify injuries, injury sources and injury causation. Different questions raised from the police, persecution, or judge needs special demands for...
Critical Analysis of Errors in Medical Certification of Cause of Death [MCCD] in a Teaching Hospital
Medical certificate of cause of death is a document to be filled in case of death, by a medical practitioner after examining the body and confirming that the person is dead. It is the responsibility of the treating phys...