The position of victims in Serbia: criminal procedure and possibilities of restorative justice.

Source: (2007) Restorative Justice Online.

In the paper, the authors deal with the victim’s position in the criminal procedure, on the one hand side, and the possibilities of implementing restorative justice and its importance for the improvement of victim’s position in Serbia, on the other one. In the first part of the paper, the authors point out victim’s position within the criminal procedure and the noticed gaps, which are particularly reflected in insufficient paying attention to the victim and neglecting of his/her rights and needs. This is opposite to the strengthening of the rights of the accused party that characterizes societies, which are, as our society, on the way of democratization and improvement of human rights. In the second part of the paper, the authors analyze some solutions that introduce elements of restorative justice into our system of criminal response to crime, but from the victim’s point of view. Finally, the authors also point out some further steps that should be undertaken in order to improve the victim’s position, particularly emphasizing the place and role of victim support service, witness service and special facilities in the courts for victims/witnesses, possibilities of using victim-offender mediation before reporting the crime, or staring the prosecution, or as a part of the treatment in the prison etc.