Znaczenie naprawienia szkody oraz pojednania pomiędzy pokrzywdzonym a sprawcą w procesie sądowego wymiaru kary. Uwagi na tle wybranych regulacji karnomaterialnych
Journal Title: ADR. Arbitraż i Mediacja - Year 2017, Vol 2, Issue 38
Abstract
The purpose of this paper is giving attention to certain penal solutions, emphasizing the value of loss compensation and reconciliation between a victim and a perpetrator in the course of judicial sentencing. Pursuant to the issues in question, the article identifies the traditional purposes of criminal penalty. Approving the view that criminal penalty has a number of purposes to fulfil, the study separately discusses the justice purpose, individual and general prevention purpose, as well as, significantly for the current codification, the compensation purpose. The latter purpose is particularly related to those regulations which emphasize the value of the perpetrator redressing the damage (or any attempts made in that regard), reconciliation of the perpetrator and the victim, as well as the significance of mediation or settlement between them. Therefore, that means that the compensation purpose emphasizes not only the significance of alternative methods of resolving criminal-based conflicts, but also of the value of redressing the damage or compensating the victim. This article also tries to emphasize that the notion of restorative justice executed in that way is not without an impact on penal and legal consequences suffered by the perpetrator of an offence. The provisions arising out of Article 53(2) of the Penal Code, Article 53(3) of the Penal Code, and Article 60(2)(1) and 60(2)(2) of the Penal Code need to be specifically emphasized.
Authors and Affiliations
Agnieszka Kania
Keywords
Related Articles
- EP ID EP323286
- DOI -
- Views 55
- Downloads 0
Ewolucja arbitrażu w Stanach Zjednoczonych Ameryki.
The Federal Arbitration Act is a cornerstone in the evolution of the American arbitration. The initial version of the act held that arbitration agreements shall be valid, irrevocable, and enforceable, save upon such grou...
Mediation settlement of disputes in family law in Scotland
This article aims to provide an overview of family mediation in Scotland, an indication of Mediation Centers that play an important role in promoting alternative dispute resolution, as well as taking into account mediato...
Mediacja z udziałem nieletniego – wybrane aspekty
Mediation in proceedings involving juveniles are still a problematic issue today. Not only because entities subjected to mediation are often not socially developed enough to understand the significance of the act of whic...
Interim Measures by Arbitral Tribunals and State Courts after the Constitution of the Arbitral Tribunal and their Enforcement in Germany
Before and in the course of arbitral or state court proceedings, parties in specific circumstances cannot await the termination of the main proceedings but need a fast interim decision to avoid irreparable harm. Typical...
Prywatne nagranie przebiegu mediacji jako źródło dowodowe a tajemnica przedsiębiorstwa.
Contemporary technology gives almost unlimited opportunities of recording any behaviors and activities and any individual takes (wiretapping, private audio or video recordings, GPS, LBS). The article focuses on recording...