Przyszłość mediacji karnej
A modern approach to criminal justice should not be based solely on the question of punishing the perpetrator and the degree of punishment often imposed after long-term trials, but requires recognizing the obvious potential of using conciliation instruments, especially mediation. However, statistica...
Đã lưu trong:
| Định dạng: | Online |
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| Ngôn ngữ: | Tiếng Ba Lan |
| Được phát hành: |
Adam Mickiewicz University Press
2024
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| Những chủ đề: | |
| Truy cập trực tuyến: | ONIX_20241121_9788323243007_3 |
| Các nhãn: |
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| Tóm tắt: | A modern approach to criminal justice should not be based solely on the question of punishing the perpetrator and the degree of punishment often imposed after long-term trials, but requires recognizing the obvious potential of using conciliation instruments, especially mediation. However, statistical data show that the use of mediation in criminal proceedings is negligible. Therefore, is criminal mediation in our legal system an example of a failed experiment by the legislator? Has its potential been wasted? Is there a need to use mediation in the current model of the criminal process? Can the criminal process function without mediation and can it function with mediation used on a larger scale? What are the conditions necessary for the effective use of mediation in criminal proceedings? What are the judge's expectations regarding mediation and what can the injured party and the perpetrator gain from mediation? Why is mediation not used at the stage of preparatory proceedings and can this state of affairs be changed? The attempt to answer these questions undertaken in this study certainly brings us closer to resolving the issue in the title with regard to the prospects for criminal mediation in Poland. |
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