Reconciliation Between the Victim and the Perpetrator-Restorative Justice

Albana Aliu, Besa Arifi
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引用次数: 1

Abstract

Abstract The purpose of this research is to study and address the relation between the perpetrator and the victim, in particular the way it is regulated in the Republic of Kosovo by comparing it with the regulation in other countries. A long time ago criminal law in its institutes has paid attention only to the perpetrator, trying to guarantee his fundamental rights, it is enough to stop at the institute of presumption of innocence and many other institutes and we can see how importance criminal law and in particular criminal procedure has paid to the perpetrator, and on the other hand the victim has always remained in the shadows. Therefore, today we find it reasonable to address this issue, to find out from which period criminal law and authors of criminal law turn their heads towards the victim, to find out what is the position of the victim in society today, what steps have been taken in legal terms and also special attention will be paid precisely to restorative justice as a key point for the realization of the rights of the victim, the compensation of the damage and the restoration of balance and the establishment of relations in society. And it is quite important that in addition to the relations that perpetrators have with victims, we also try to understand the historical course of restorative justice and this way to make an analysis of the position of the victim and the perpetrator over the decades.
被害人与加害者的和解——恢复性司法
摘要本研究的目的是研究和解决行为人与被害人之间的关系,特别是科索沃共和国对行为人与被害人的监管方式,并将其与其他国家的监管进行比较。长期以来,刑法制度只关注行为人,保障行为人的基本权利,仅止于无罪推定制度等诸多制度便足矣,可见刑法特别是刑事诉讼制度对行为人的重视程度,而被害人却始终处于阴影之中。因此,今天我们认为解决这个问题是合理的,找出刑法和刑法的作者从哪个时期开始将注意力转向受害者,找出受害者在当今社会中的地位,在法律方面采取了哪些步骤,并将特别关注恢复性司法作为实现受害者权利的关键点,损害的补偿和平衡的恢复以及社会关系的建立。非常重要的是,除了肇事者和受害者之间的关系,我们还试图了解恢复性司法的历史进程,并通过这种方式分析几十年来受害者和肇事者的地位。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
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