MEDIATION AS AN ELEMENT OF COMPENSATORY MODEL OF PUNISHMENT (OVERVIEW OF FOREIGN PRACTICES)
Journal: PENAL LAW
Volume 12 № 1
, 2017
Authors:
1.
Nauchno-issledovatel'skiy institut FSIN Rossii
Type:
Article
Pages:
from 24
to 26
Status:
Published
Received:
28.03.2017
Accepted:
28.03.2017
Published:
28.03.2017
Subject area:
UDK 347.9
UDK 34 Право. Юридические науки
UDK 34 Право. Юридические науки
Language:
Russian
Keywords:
mediation, compensation of damage, compensatory concept, victim, criminal
Abstract (English):
In article the problem of application of procedures of mediation (mediation) in Russia as alternatives to criminal sanction in aspect of the compensatory concept (compensation of damage to the victim of a crime) is considered. Foreign experience of application of mediation in criminal trial is analysed. Today it is possible to state absence in punishment of the sufficient compensation mechanism (means of compensation by the victim of the caused damage). At the same time around the world there is a widespread introduction of alternatives to imprisonment. Much attention is paid to the compensatory concept according to which the main function of punishment is compensation of the caused damage. Such approach is based on a pragmatism - giving to punishment of other vector, not retaliatory and educational, but compensatory. Now there are three models of mediation (mediation): 1) mediation is a part of the criminal justice system (it is reached the agreement between the victim and the offender); 2) mediation replaces the procedure of justice (it is applied when at very early stage case is removed from the criminal justice system, in such cases mediation of the victim and offender assumes negotiated settlement of the relations between the victim and offender); 3) the program of media- tion is used in addition to the procedure of criminal justice.
In article the problem of application of procedures of mediation (mediation) in Russia as alternatives to criminal sanction in aspect of the compensatory concept (compensation of damage to the victim of a crime) is considered. Foreign experience of application of mediation in criminal trial is analysed. Today it is possible to state absence in punishment of the sufficient compensation mechanism (means of compensation by the victim of the caused damage). At the same time around the world there is a widespread introduction of alternatives to imprisonment. Much attention is paid to the compensatory concept according to which the main function of punishment is compensation of the caused damage. Such approach is based on a pragmatism - giving to punishment of other vector, not retaliatory and educational, but compensatory. Now there are three models of mediation (mediation): 1) mediation is a part of the criminal justice system (it is reached the agreement between the victim and the offender); 2) mediation replaces the procedure of justice (it is applied when at very early stage case is removed from the criminal justice system, in such cases mediation of the victim and offender assumes negotiated settlement of the relations between the victim and offender); 3) the program of media- tion is used in addition to the procedure of criminal justice.
Keywords:
mediation, compensation of damage, compensatory concept, victim, criminal
mediation, compensation of damage, compensatory concept, victim, criminal
1. Bard K. Al'ternativnye mery ugolovnogo nakazaniya // Al'ternativy tyuremnomu zaklyucheniyu : materialy Mezhdunar. konf. M., 2000. S. 63-94
2. Vosstanovitel'noe pravosudie / pod obsch. red. I. L. Petruhina. M., 2003. 196 s
3. Minin B. A. Vozvratnoe pravo. Social'naya bezopasnost' i obschestvennoe razvitie. M., 2002. 468 s
