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Posted on April 2nd, 2012, by

I’d like to discuss in this paper new type of a program in the criminal justice system. It will help us to look deeply into the criminal justice system and understand its main problems. Development of the new restoring method of reacting on a crime became a reaction on the mainly punitive orientation of existent justice. Foremost, existent justice is distinguished by inattention to the needs of victims of crimes. According to Sunga (1997) we see that many victims need renewal of sense of safety, trust to the people, in indemnification of financial harm. The sickly experiencing is fear, grief, defenselessness, mistrust to the people, self-accusation such feelings can be a torment for many years a victim. For some victims of crimes possibility to be divided the personal history and to get answers for questions directly from offenders is very important.

Köchler (2003) demonstrated that the victims of crimes carry double harm in general: at first, from a crime and, secondly, from the punitive method of organization of justice, not allowing complex to solve their problems. The punitive orientation of criminal justice is straight related to interpretation of event of crime as violations of laws of the state, but not damnifications concrete people and their relations. It should be noted that circumstance, that after the commission of crime more frequent than all attention of society is concentrated on a criminal. At the same time about a victim and its relatives, which as a result of crime is cause harm, forget. Coming running to the help of victim, the organs of the criminal proceeding decide the official tasks mainly. Putting a question about constitutional rights for the accused and convict criminals, the few talks about violation of constitutional rights for the victim of crimes. Thus, society occupies in regard to a victim different positions is regret, mistrust, and at times and malevolence. Quite often persons from the nearest surroundings of victim try to avoid socializing with person.

Sometimes suffering runs into the opened aggressiveness in relation to own nature.

The most serious psychical, social and moral harm is inflicted to the victims of crimes of violence. Victims of robbery, robbery attack, raping, theft, capture as hostages experience very deep psychological shock. At the awareness of the borne harm the victim of crime have symptoms, discovered for people who have to run into an unexpected and heavy in a moral relation loss. Apathy, depression, decline of spirit, develops for victims, conniptions happen. Respect disappears to itself, sense of defenselessness is intensified, a trust is lost to circumferential.

Restoring justice is a new look to that, how society must answer on a crime, and the practice built in accordance with this look. Essence of the offered answer consists of that over every crime brings to the obligations of offender to smooth over harm, inflicted a victim. The state and social surroundings of victim and offender must create necessary terms for this purpose. The kernel of the programs of restoring justice are meetings of victim and offender, supposing their voluntarily participation.

Such meetings have psychological effect and help victims to recover sense of safety, enable divided senses, arising up in connection with a criminal situation, and to be heard, to get answers for perturbing questions, finally, to get indemnification for the caused financial harm. For offenders, meetings are created by terms for assuming of responsibility: an offender jointly with a victim makes decision about a size and form of damage to the person. They help the nearest social surrounding to recover the world in an association, to save an active role in the decision of conflicts due to helping and support, rendered the sides of process. Presently in the different regions of the world (Europe, North America, Australia, New Zealand and South Africa) many criminal situations are settled by the programs of restoring justice; part of these programs was formed under influence of traditional culture of native people. Different researches emphasized different forms of restoring justice. Schiff (2008) recommended that similar practice can accept the most different forms, often combined, for example:

 a victim and criminal is divided the looks (by opinion) to happening in order that it is better to understand each other;

 offering an apology and voluntarily participating in achievement of consent is methods by which an offender tries to recover harm;

 voluntarily consent from the side of violator to undertake some other action, for example, to do some work on an association or take part in the rehabilitation program (indirect rehabilitation);

 permission of any conflict between a victim and offender or between their families or friends.

Major pre-condition for registration of idea and becoming of practice of restoring justice was criticism of official criminal justice. Broomhall (2003) said that in the last, when guilt is set, to guilty award punishment, his execution follows farther. But in this case an offender more frequent than all leaves from the awareness of the responsibility, and senses and experiencing of victim are ignored. Establishment of guilt and awarding punishment actually take place on the basis of equation of crime and man, accomplishing this crime.

Above stated information allows us to conclude that restoring justice is necessary part and even the future of our criminal justice system. Understanding, that it is quite a bit case, when application of criminal repression not only senselessly but also harmful, results in other understanding of “criminal situation”. In it, there are new verges appears, in particular, its own resource (potential of participants) in search of output, indemnifications of negative consequences and prevention of similar in future.

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