scholarly journals Mediation in Juvenile Criminal Offenses - Albanian Case

2021 ◽  
Vol 7 (1) ◽  
pp. 96
Author(s):  
Jola Bode
Keyword(s):  
Juvenile Offenders ◽  
Restorative Justice ◽  
Juvenile Offender ◽  
Criminal Code ◽  
Practical Implementation ◽  
Best Interest ◽  
Criminal Cases ◽  
Damage Repair ◽  
Alternative Measures ◽  
New Perspective

In the treatment of juvenile ofenders in modern systems, priority is being given to procedures aimed at reconciliation and mediation, damage repair and the implementation of alternative measures to restrict freedom. The entirety of such proceedings fall within the concept of restorative justice. Restorative justice is of particular importance in the treatment of juveniles by the criminal justice system, as its main purpose is not to punish the perpetrator but to find methods that promote reintegration into society. One of the mechanisms that underpins restorative justice for juveniles that guarantees the success of education and reintegration in society is mediation in criminal conflicts. The mediation aims to engage the perpetrator in repairing the damage caused by the criminal offense as well as to restore reconciliation relations between the victim and the perpetrator. In this way, mediation procedures are of particular importance in the context of criminal law as they promote the values of dialogue and reconciliation in the way of conflict resolution and provide alternative solutions to criminal sanctions. In criminal cases involving juvenile offenders, the application of mediation procedures brings a number of positive aspects as it serves the immediate rehabilitation and reintegration of the juvenile offender as the primary aim of juvenile justice. Implementation of the mediation alternative leads to a better understanding of legislation in this area as well as an increased awareness of enabling application as one of the forms of intervention against juvenile delinquency. Restorative justice is already part of the juvenile criminal legislation following the entry into force of the Juvenile Criminal Code, which brings a new perspective to the implementation of restorative procedures in accordance with the principle of protecting the best interest of the minor. The paper focuses on the role and importance of mediation procedures and their sanctioning in Albanian legislation. The paper will analyze albanian mediation legislation as a positive achievement in the context of promoting the process of restorative justice in juvenile matters. Conclusions will be drawn and recommendations will be identified regarding deficiencies in legal regulations as well as the practical implementation of mediation procedures for juveniles.

scholarly journals Juvenile Delinquent as a Subject of Restorative Justice

2019 ◽  
Vol 9 (3) ◽  
pp. 320-337
Author(s):  
Yu.A. Sharanov ◽  
I.B. Gaivoronskaya ◽  
N.V. Galkina
Keyword(s):  
Young Adults ◽  
Law Enforcement ◽  
Juvenile Offenders ◽  
Retrospective Analysis ◽  
Restorative Justice ◽  
Juvenile Offender ◽  
Juvenile Delinquent ◽  
Individual Experience ◽  
Criminal Cases ◽  
The Individual

This article discusses have often in trials and retrospective analysis of materials 80 criminal cases, which were considered a crime committed by minors, led to the conclusion about the need to change the existing criminal procedural practices in relation to adolescents and young adults. It was revealed that the subjects of law enforcement practice did not fully investigate the psychological specifics of the experience of guilt by a juvenile offender as a subject of restorative justice. As a result, the system of criminal punishment and psychological and pedagogical conditions for the implementation of the program for the correction of juvenile offenders were not effective, since they did not take into account the level of their personal and subjective maturity and the specifics of the individual experience of guilt.

scholarly journals Alternative sanctions and measures in the criminal justice system of Slovenia

Temida ◽  
2006 ◽  
Vol 9 (1) ◽  
pp. 37-42 ◽  
Author(s):  
Alenka Selih
Keyword(s):  
Criminal Justice ◽  
Juvenile Offenders ◽  
Criminal Justice System ◽  
Justice System ◽  
Criminal Procedure ◽  
Criminal Code ◽  
Personal Factor ◽  
Judicial Practice ◽  
Alternative Measures ◽  
Alternative Sanctions

The paper presents the ways of introducing both material and procedural alternative measures into the criminal justice system of Slovenia from the beginning of 1990s, particularly into the Criminal Code and the Code of Criminal Procedure in 1995 (with the further amendments). That relates to both adult and juvenile offenders. Regarding implementation, the author emphasizes characteristics of the implementation of both groups of institutions; pays attention to the fact that procedural institutions are more important for prosecution of minor criminal offences; points out the importance of the personal factor that contributes to the implementation of new provisions; and gives an overview of the first experiment in the Slovenian judiciary related to that. The author gives an analysis of problems dealt with in the Slovenian doctrine and judicial practice in connection with alternative ways of proceeding; she points out, in particular, the imperfections of legal solutions; the unclear competences in implementation of alternative sanctions and problems resulting from such a situation.

scholarly journals The Completion of Misdemeanor through Rembuk Pekon in Lampung Province

FIAT JUSTISIA ◽  
2020 ◽  
Vol 14 (2) ◽  
pp. 159
Author(s):  
Zulfi Diane Zaini ◽  
Lintje Anna Marpaung ◽  
Zainab Ompu Jainah ◽  
Thia Remona Febrianti ◽  
Sija Putra Rulanda
Keyword(s):  
Restorative Justice ◽  
Dispute Resolution ◽  
Alternative Dispute Resolution ◽  
Criminal Code ◽  
Primary Data ◽  
Criminal Offence ◽  
Criminal Cases ◽  
Legal Consequences

The resolution of a criminal offence does not have to be carried out through legal channels. Still, it can be done in the spirit of restorative justice, one of which uses the principle of ADR (Alternative Dispute Resolution) or (win-win solution) through the Rembuk Pekon which means through consensus agreement. This study aims to determine what crimes can be resolved with the Pekon consultation, how the process is resolved, and what the legal consequences are. This study uses an empirical normative method by examining the methods, norms, rules and primary data through observation and interviews, the results of the study indicate that the types of criminal acts that can be resolved with Rembuk Pekon include minor criminal offences Article 302, Article 352 paragraph (1), Article 364, Article 373, Article 379, Article 482, Article 315, Article 407 paragraph 1, and the criminal offence of complaint Article 284 of the Criminal Code. So in this study will discuss how the process of resolving minor criminal cases through the Rembuk Pekon and the authors have a suggestion that the police should implement the Rembuk Pekon to prioritize the principles of professional, modern and reliable, this so that the implementation of the Rembuk Pekon can run optimally.

Compulsory Educational Measures

2021 ◽  
pp. 71-85
Author(s):  
Pudovochkin Yu. E. ◽  
Keyword(s):  
Juvenile Offenders ◽  
Juvenile Justice ◽  
Criminal Liability ◽  
Criminal Code ◽  
Criminal Punishment ◽  
Criminal Cases ◽  
Documentary Analysis ◽  
Application Procedure ◽  
The Law ◽  
Definition Of

Problem Statement. Improvement of juvenile justice presupposes active and priority application of alternative measures to criminal punishment. Such, according to the Criminal Code of Russia, are compulsory educational measures, which are imposed in the order of exemption from criminal liability or from criminal punishment. Their proper application implies a clear definition of the content of educational measures, clarification of the order of their appointment and execution. Nevertheless, these matters are not fully regulated in the law, which poses a inconsistent practice of their application and ultimately reduces the effectiveness of juvenile justice. In this regard, the task of concretizing the content of compulsory educational measures is seen as urgent. Goals and Objectives of the Study. Specification of the normative prescriptions that define the content of compulsory educational measures and the determination on this basis of the main directions for improving the application practice of the provisions of Art. 90 and Art. 92 of the Criminal Code of the Russian Federation. Methods. Formal-logical analysis of the legal acts that determine the content, application procedure and execution of educational measures; study and critical assessment of literature on the research topic; statistical analysis of judicial practice; documentary analysis of court files in criminal cases. Results, Summary Conclusions. The list of compulsory educational measures established by the law is adequate to the tasks of correcting juvenile offenders and preventing crimes on their part. However, improving the quality of justice in criminal cases involves: disclosure of the content of such a measure of influence as a warning in the text of a judicial act; unification of ideas about the state body, under the supervision of which minors can be transferred and the recognition as such of the territorial commission on minors; the definition of such a measure as the imposition of the obligation to make amends for the harm caused analogously to other situations of exemption from liability and the use of this measure as a backup; normative establishment of the terms for the application of such measures of influence as warning and imposition of the obligation to make amends for the harm caused; further study of regional differences in the enforcement of compulsory educational measures.

KONSEP DIVERSI DAN RESTORATIVE JUSTICE SEBAGAI PERGESERAN TANGGUNG JAWAB PIDANA PADA SISTEM PERADILAN PIDANA ANAK

2018 ◽  
Vol 1 (1) ◽  
pp. 95-106
Author(s):  
Pangestika Rizki Utami
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Restorative Justice ◽  
Justice System ◽  
Criminal Responsibility ◽  
Best Interest ◽  
Criminal Cases ◽  
Justice Process ◽  
Criminal Justice Process ◽  
Criminal Penalties

The concept of diversity and restorative Justice is a criminal cases settlement form that provide children protection by promoting the best interest of the child principle. To protect children from the formal process of criminal justice system, the legal and humanitarian experts conceptualize the act of removing child who has allegedly committed a criminal offense from the general criminal justice process by providing an alternative punishment that is considered better for children. The concept of diversion is created based on the fact that the criminal justice process for children as the perpetrators through the conventional criminal justice system causes more harm than good. Restorative Justice is a fair resolving criminal cases system with by emphasizing recovery in its original state. This article will discuss about the shifting of children criminal responsibility from conservative criminal penalties to child friendly criminal penalties with the concept of diversity and restorative justice.

O młodocianym w ujęciu kodeksu karnego

2014 ◽  
pp. 121-142
Author(s):  
Paweł Daniluk
Keyword(s):  
Juvenile Offenders ◽  
Juvenile Offender ◽  
Criminal Code ◽  
Special Treatment ◽  
Good Prospect ◽  
Legal Definition ◽  
Specific Category ◽  
Definition Of

The article is devoted to a specific category of offenders i.e. juveniles. Firstly, the legal definition of the juvenile, provided under Art. 115 § 10 of the Criminal Code, is analyzed, making a distinction between the notion of the juvenile and the notion of the minor. Then the grounds for the special treatment of juvenile offenders are examined. A special attention is paid to the presumption of lesser degree of juvenile’s guilt and their susceptibility to be affected, which constitutes a good prospect for their education (reformation, reclamation). Finally, the criteria on the basis of which it is established whether an offender is a juvenile offender or not, are analyzed. A special attention is given to the criterion which states that a juvenile is an offender who has not reached the age of 24 years at the time of the trial in the first instance.

scholarly journals The age of the juvenile offender as a basis for a presumption of legal possibility of incurring criminal liability in the light of the draft amendment to the Criminal Code of 2019

Probacja ◽  
2020 ◽  
Vol 4 ◽  
pp. 41-50
Author(s):  
Krzysztof Fila
Keyword(s):  
Juvenile Offenders ◽  
Criminal Law ◽  
Criminal Liability ◽  
Juvenile Offender ◽  
Criminal Code ◽  
Penal Code ◽  
Legal Construction

The Amending Act of the Penal Code of 2019 introduces legislative modifications, including in the scope of rules functioning in the area of criminal law of juvenile offenders for the crimes they committed. These changes were directed at increasing the repressiveness of actions against juvenile offenders, which is manifested in the introduction of an obligatory additional criminal law and a relatively mandatory premise to apply criminal liability in relation to the aforementioned group of perpetrators, which significantly limits the possibility of implementing the principle of accurate criminal law response in cases where the use of criminal law as an ultima ratio seems inadvisable. The indicated relationship is presented in the article through the prism of the theoretical and legal construction of the presumption of law, which combines facts related to the age of the perpetrator with the alleged facts of the culpability, and as a consequence the ability to incur criminal liability on the principles provided for in the code, at the expense of e.g. liability regulated in the Act on proceedings in juvenile rights. The author postulates that this relationship should be reversed, which appears as a legislative challenge that can significantly reduce the level of repressiveness of regulations contained in the Amending Act.

scholarly journals PENAL MEDIATION AS AN ALTERNATIVE RESOLUTION IN THE INDONESIAN CRIMINAL JUSTICE SYSTEM (A DIGNIFIED JUSTICE JURISPRUDENCE)

2020 ◽  
Vol 8 (10) ◽  
pp. 12-21
Author(s):  
Yoyok Ucuk Suyono , SH. , MHum ◽  
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Restorative Justice ◽  
Justice System ◽  
Due Process ◽  
Criminal Code ◽  
Human Beings ◽  
Discretionary Power ◽  
Criminal Cases ◽  
The Law

Restorative justice perspective in this paper sees a penal mediation as a non-penal means within the Law. This institution has been utilised as an alternative in the Indonesian Criminal Justice System to deliver dignified justice in criminal cases. Although this model appeared as vague, since stipulated only between the lines in the Indonesia Criminal Code (KUHP) and the Criminal Procedure Code (KUHAP), the concept of restorativejustice has been existing in the Indonesian Volksgeist (the Spirit of the Indonesian, i.e. Pancasila) from the begining of time. This author would argue bellow that penal mediation has been used to mitigate penal cases by law enforcement institutions in order to achieve dignified justice in the concept of restorative justice, to serve human as human beings recognised by the Law in the Pancasila Legal System. The police may use penal mediation basing upon their discretionary power and the public prosecutors may also use their own prerogative power or the what so called prosecutors power of opportunity in place of the due process and make creative innovations, beginign from misdemeanor or complaint offenses. Even Indonesian judges have broad discretionary authority to use penal mediation in solving criminal cases so that the dignified justice, can be obtained, particularly by victims de lege lata.

scholarly journals Implementation Of Restorative Justice Approach In Legal Protection Against Lightweight Crime By The Children

2018 ◽  
Vol 1 (4) ◽  
pp. 943
Author(s):  
Rizky Adiyanzah Wicaksono ◽  
Sri Kusriyah Kusriyah
Keyword(s):  
Supreme Court ◽  
Restorative Justice ◽  
Justice System ◽  
Juvenile Justice System ◽  
Legal Protection ◽  
Criminal Code ◽  
Criminal Cases ◽  
Criminal Offenses ◽  
The Supreme Court ◽  
And Control

Children who were doing mischief that led to the crime, should be against the law to account for his actions. Currently, prevention and control delinquency that resulted in minor criminal offenses is done through the implementation of the juvenile justice system to a restorative justice approach. The concept of restorative justice becomes a very important consideration in resolving criminal cases committed by children. The Supreme Court has issued a Supreme Court Regulation (Perma) No. 2 of 2012 on the Limitation Adjustment light crime and the amount of penalties in the Criminal Code, which essentially stipulates that the value limit losses in tipiring (Lightweight Crime) case is a maximum of 2.5 million, and against the threat case maximum criminal penalty of three months imprisonment or fine, as well as in the settlement tipiring must promote Restorative Justice. Child settlement, which is directed to resolving informally or out of court, with the involvement of all parties involved in the criminal act has occurred. Minor criminal offenses committed by children under the Act No. 11 of 2012 carried through the diversion mechanism by way of mediation or deliberation.Keywords: Restorative Justice; Lightweight Crime; Children.

KONSEP RESTORATIVE JUSTICE MELALUI MEDIASI PENAL DALAM PENYELESAIAN PERKARA PIDANA BERMOTIF RINGAN PADA MASYARAKAT ADAT KAMPUNG KUALA GASIB DI KECAMATAN KOTO GASIB KABUPATEN SIAK

2018 ◽  
Vol 1 (4) ◽  
Author(s):  
ELMA YANTI
Keyword(s):  
Law Enforcement ◽  
Restorative Justice ◽  
Indigenous People ◽  
Criminal Case ◽  
Criminal Cases ◽  
Legal Research ◽  
Direct Participation ◽  
Criminal Offenses ◽  
Differences Of Opinion ◽  
Law Enforcement Officials

The settlement of criminal offenses with mild motives can be carried out by reasoning penal mediation called the restorative justice approach, which focuses on the direct participation of perpetrators, victims and the community. The research that use in this study is sociological legal research (social legal research). The concept of restorative justice through reasoning penal mediation in the settlement of a mildly criminal case for the indigenous people of village kuala gasib in koto gasib siak, was carried out with the intermediary of the headman. Headman as customary village heads and as government administrators have an important role in creating peace efforts in resolving disputes that occur in the community, one of which is through the settlement of criminal cases by reasoning penal mediation with the concept of restorative justice. The constraints of the concept of restorative justice through reasoning penal mediation in the settlement of mildly criminal cases for the indigenous people of village kuala gasib in koto gasib siak are: a) The absence of a special law mediation of regulation, b) Lack of facilities and infrastructure in mediating, c) Lack of mediator skills for village head to reconcile the parties to the dispute, d) There are differences of opinion among law enforcement officials about the concept of restorative justice through penal mediation

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