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...

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Format: Online
Sprog:polsk
Udgivet: Adam Mickiewicz University Press 2024
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Online adgang:ONIX_20241121_9788323243007_3
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collection Directory of Open Access Books
description 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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institution Directory of Open Access Books
language pol
publishDate 2024
publishDateRange 2024
publishDateSort 2024
publisher Adam Mickiewicz University Press
publisherStr Adam Mickiewicz University Press
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spelling doab-20.500.12854ir-1481512024-11-21T10:55:50Z Przyszłość mediacji karnej Mucha, Joanna criminal mediation conflict conflict resolution in criminal cases restorative justice ADR thema EDItEUR::L Law thema EDItEUR::L Law::LN Laws of specific jurisdictions and specific areas of law::LNF Criminal law: procedure and offences thema EDItEUR::L Law::LN Laws of specific jurisdictions and specific areas of law::LNA Legal systems: general::LNAC Legal systems: civil procedure, litigation and dispute resolution::LNAC5 Arbitration, mediation and alternative dispute resolution 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. 2024-11-21T10:55:48Z 2024-11-21T10:55:48Z 2024 book ONIX_20241121_9788323243007_3 00834262 9788323243007 https://directory.doabooks.org/handle/20.500.12854/148151 pol Prawo Adam Mickiewicz University Press 10.14746/amup.9788323243007 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. 10.14746/amup.9788323243007 47b1da19-80a2-4216-8ba4-55491e8dee5a 9788323243007 258 106 Poland, Poznań open access
spellingShingle criminal mediation
conflict
conflict resolution in criminal cases
restorative justice
ADR
thema EDItEUR::L Law
thema EDItEUR::L Law::LN Laws of specific jurisdictions and specific areas of law::LNF Criminal law: procedure and offences
thema EDItEUR::L Law::LN Laws of specific jurisdictions and specific areas of law::LNA Legal systems: general::LNAC Legal systems: civil procedure, litigation and dispute resolution::LNAC5 Arbitration, mediation and alternative dispute resolution
Przyszłość mediacji karnej
title Przyszłość mediacji karnej
title_full Przyszłość mediacji karnej
title_fullStr Przyszłość mediacji karnej
title_full_unstemmed Przyszłość mediacji karnej
title_short Przyszłość mediacji karnej
title_sort przyszlosc mediacji karnej
topic criminal mediation
conflict
conflict resolution in criminal cases
restorative justice
ADR
thema EDItEUR::L Law
thema EDItEUR::L Law::LN Laws of specific jurisdictions and specific areas of law::LNF Criminal law: procedure and offences
thema EDItEUR::L Law::LN Laws of specific jurisdictions and specific areas of law::LNA Legal systems: general::LNAC Legal systems: civil procedure, litigation and dispute resolution::LNAC5 Arbitration, mediation and alternative dispute resolution
topic_facet criminal mediation
conflict
conflict resolution in criminal cases
restorative justice
ADR
thema EDItEUR::L Law
thema EDItEUR::L Law::LN Laws of specific jurisdictions and specific areas of law::LNF Criminal law: procedure and offences
thema EDItEUR::L Law::LN Laws of specific jurisdictions and specific areas of law::LNA Legal systems: general::LNAC Legal systems: civil procedure, litigation and dispute resolution::LNAC5 Arbitration, mediation and alternative dispute resolution
url ONIX_20241121_9788323243007_3