{"title":"受害者是司法系统中被遗忘的人物-根据过去的惩罚形式的一些评论","authors":"Agnieszka Kania","doi":"10.31743/recl.4046","DOIUrl":null,"url":null,"abstract":"This article focuses on selected problems regarding the evolution of the punishment process . The starting point remains the assumption that regardless of the historical period, every palpable form of injustice related to a violation of a certain area of goods has resulted in an intervention approved at the given moment in history . The study notes that in the early pre-state period, seeking a remedy for wrongdoing was a private matter of the victim (or their family or clan) who could in that wayavenge on their own the injustice they had suffered . The process of publicising criminal law that began at the end of the Middle Ages has marginalised the process role of a victim in the possibilities to seek the remedy . However, the vertical criminal law relationship has, over time, changed to some extent . The privatisation of the justice system – especially noticeable nowadays – makes it possible to see that consensual methods of resolving conflicts caused by an offence essentially contributed to the reversal of a certain historical process . That reversal was certainly intended to “reveal” the victim, and thus to return the conflict resulting from the offence to its “owners,” i .e . the perpetrator and the victim .","PeriodicalId":20823,"journal":{"name":"Recueil des Travaux Chimiques des Pays-Bas","volume":null,"pages":null},"PeriodicalIF":0.0000,"publicationDate":"2017-12-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":"{\"title\":\"THE VICTIM AS A FORGOTTEN FIGURE IN THE JUSTICE SYSTEM – A FEW REMARKS IN THE LIGHT OF PAST FORMS OF PUNISHMENT\",\"authors\":\"Agnieszka Kania\",\"doi\":\"10.31743/recl.4046\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"This article focuses on selected problems regarding the evolution of the punishment process . The starting point remains the assumption that regardless of the historical period, every palpable form of injustice related to a violation of a certain area of goods has resulted in an intervention approved at the given moment in history . The study notes that in the early pre-state period, seeking a remedy for wrongdoing was a private matter of the victim (or their family or clan) who could in that wayavenge on their own the injustice they had suffered . The process of publicising criminal law that began at the end of the Middle Ages has marginalised the process role of a victim in the possibilities to seek the remedy . However, the vertical criminal law relationship has, over time, changed to some extent . The privatisation of the justice system – especially noticeable nowadays – makes it possible to see that consensual methods of resolving conflicts caused by an offence essentially contributed to the reversal of a certain historical process . That reversal was certainly intended to “reveal” the victim, and thus to return the conflict resulting from the offence to its “owners,” i .e . the perpetrator and the victim .\",\"PeriodicalId\":20823,\"journal\":{\"name\":\"Recueil des Travaux Chimiques des Pays-Bas\",\"volume\":null,\"pages\":null},\"PeriodicalIF\":0.0000,\"publicationDate\":\"2017-12-15\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"0\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"Recueil des Travaux Chimiques des Pays-Bas\",\"FirstCategoryId\":\"1085\",\"ListUrlMain\":\"https://doi.org/10.31743/recl.4046\",\"RegionNum\":0,\"RegionCategory\":null,\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"\",\"JCRName\":\"\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"Recueil des Travaux Chimiques des Pays-Bas","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.31743/recl.4046","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"","JCRName":"","Score":null,"Total":0}
THE VICTIM AS A FORGOTTEN FIGURE IN THE JUSTICE SYSTEM – A FEW REMARKS IN THE LIGHT OF PAST FORMS OF PUNISHMENT
This article focuses on selected problems regarding the evolution of the punishment process . The starting point remains the assumption that regardless of the historical period, every palpable form of injustice related to a violation of a certain area of goods has resulted in an intervention approved at the given moment in history . The study notes that in the early pre-state period, seeking a remedy for wrongdoing was a private matter of the victim (or their family or clan) who could in that wayavenge on their own the injustice they had suffered . The process of publicising criminal law that began at the end of the Middle Ages has marginalised the process role of a victim in the possibilities to seek the remedy . However, the vertical criminal law relationship has, over time, changed to some extent . The privatisation of the justice system – especially noticeable nowadays – makes it possible to see that consensual methods of resolving conflicts caused by an offence essentially contributed to the reversal of a certain historical process . That reversal was certainly intended to “reveal” the victim, and thus to return the conflict resulting from the offence to its “owners,” i .e . the perpetrator and the victim .