Restorative Justice – an Initial View on the Development of Justice
DOI:
https://doi.org/10.48614/adr.2020.2021.28-65Keywords:
restorative justice, diversion, mediation, restitution, victim, offender, damageAbstract
Restorative justice is one of the most popular paradigms of criminal justice. It is oriented on the victim and focuses on repairing the damage occurred as a result of a criminal act committed by individuals or society. In the modern world, the role and importance of restorative justice is increasingly growing. Over the past few years, international organizations such as the United Nations, the Council of Europe and the European Union have firmly recognized the potential of restorative justice and called on their Member States to introduce restorative processes and further expand their application. Georgia's Juvenile Justice Code was the first to introduce the concept of restorative justice in the legislature of Georgia and thus reinforced the view that despite the passive role of the victim, the peaceful settlement of the conflict between the offender and the victim outside the criminal court and the reparation of the damage (or loss) have long played an important role in the criminal political discussions regarding the attempts to reconcile the parties, which is followed by the avoidance of a punishment - a special legal consequence of the sentence.
The issues discussed in the present paper - the basics of restorative justice; the role of the mediation court in the peaceful settlement of conflicts in the old customary law of Georgia; the programs that have influenced the development of restorative justice and that from today’s perspective are considered to be very important for its further development, and application of restorative processes - will help us to understand what factors influenced the shift from restorative justice to other concepts of justice and why we may have a desire to return to this model.
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