Effects Of Restorative Justice

Effects of restorative justice

Introduction

As a starting point, we are going to deal with the concept of restorative justice from the perspective offeredfact and the resocialization of the offender, without taking into account the victim, it will be a useless, unfair and illogical criminal law ”. Starting from this appointment we can think that the criminal system leaves an important lagoon, since it tries the resocialization of criminals, but is it really a process that has the true interests of the victim and the offender?

Developing

Once the validity regarding the interests of the victim and the perpetrator is questioned, we will enter the restorative justice model to understand what is about and what their objectives are. Restorative justice aspires to be a model of criminal justice that bases its content on a more participatory, more dynamic justice, where the true protagonists are the victim and the offender. For her, the victim’s interests are primary, it is essential that their will, and that they can decide on the process.

Its interests and their needs, and not completely leave it in the hands of people outside the conflict, such as jurisdictional bodies. On the other hand, giving the opportunity to the regretful offender of repairing the damage he has caused to another person, can lead to that he does not suffer unnecessary consequences that imply the criminal process, such as a complicated reintegration into social life. Therefore, it is necessary that the restorative justice apply in the criminal field, especially in that of the minor, since it will make it avoid the negative consequences that a criminal process entails.

Restorative justice in the field of minors is carried out in our country through criminal mediation, although the terms used are the reconciliation and repair of the damage, regulated in Organic Law 5/2000, of January 12, regulatoryof the criminal responsibility of minors. To verify the effectiveness of this type of alternative resolution of a conflict in the field of minors, all the characteristics of mediation will be analyzed, with the aim of reaching the aspects that can be improved and those that make medication a solutioneffective in order to enhance them.

conclusion

An analysis and comparison will be carried out with the mediation of Costa Rica, with the aim of correcting which of them is more effective depending on the results of the empirical studies carried out. The objective of this analysis will lead us to know what aspects must be improved so that mediation is successful, and what are the characteristics that make mediation the most appropriate procedure to resolve the conflict.