MEDIATION AS AN ALTERNATIVE OF CRIMINAL PROCEDURE

Susak, Ivona and Mateska, Emilija (2016) MEDIATION AS AN ALTERNATIVE OF CRIMINAL PROCEDURE. Annual of the Faculty of Security, Skopje, 2. pp. 52-58. ISSN 1857-6508

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Abstract

One of biggest challenges of the penal reform is recognizing its limitations, its weaknesses and accepting the need of expanding the view towards alternative procedures and adapting the theoretical part to new challenges in order to overcome problems that occur in everyday life. Considering the fact that mediation in modern societies is used as an alternative to criminal proceedings and that it is flexible and helps in the final resolution of disputes and agreement of parties in criminal proceedings, this paper will serve in better understanding of basic mediation concepts in criminal procedure, its revival, especially of mediation proceedings against minors. Through mediation we get more constructive and less repressive solutions, therefore the active involvement of the parties makes this procedure different from the traditional one, where main parties are the court and the defendant. In the paper we will analyse the mediation procedure, principles, course and way of its completion, according to Macedonian law, also the outcome of the procedure and the effects of it, in relation to the parties and the risks of its unsuccessful end. This paper provides a brief overview of the juvenile justice system, basic information for restorative justice and mediation between victims and perpetrators, its effects, the international legal framework and experiences in implementation, in direction of further promotion and support of this kind of mediation in the Republic of Macedonia. We will highlight the positive aspects of mediation in criminal proceedings for settlement of civil and economic relation between parties that are directly related to crime, and efficiency and speed, which will contribute in reducing civil disputes for release fee legal claims and faster elimination of the inconvenience between the parties. Comparative solutions and experiences in implementing mediation as an alternative to trial, modern trends of circumventing judicial way and resolution of conflicts and disputes of parties, are some of the reasons for making efforts of greater promotion and revival of mediation in the Republic of Macedonia. Keywords: Restorative Justice, Mediation, Criminal Procedure Agreement, Minors

Item Type: Article
Subjects: Scientific Fields (Frascati) > Social Sciences > Law
Scientific Fields (Frascati) > Social Sciences > Other social sciences
Divisions: Faculty of Law
Depositing User: Mr Mladen Kradzoski
Date Deposited: 09 Oct 2019 10:07
Last Modified: 09 Oct 2019 10:07
URI: http://eprints.uklo.edu.mk/id/eprint/1975

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