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Diversion for promoting compensation to victims and communities during the pre-trial proceedings in Austria.

Bruckmuller, Karin
June 4, 2015

Source: (2010) In, Melinda Gyokos and Krisztina Lanyi, eds., European best practices of restorative justice in criminal Procedure. Budapest: Ministry of Justice and Law Enforcement, Republic of Hungary.pp. 109-117.

The idea to promote compensation by the offender to the victim has a relatively long tradition in Austria. Its two aspects — the offender actively accepting responsibility and the victim simultaneously receiving compensation — have played a role in Austrian criminal law for over 200 years. The institution of so called “active repentance” was established in the Criminal Code in 1787, and is still in force for offences explicitly mentioned in the Code (especially in the case of offences against property). If the offender manifests repentance by compensation or reparation of the overall damage resulting from the offence, no punishment shall be imposed. This act of repentance, based on its acceptance by the offender, must take place before the police authorities become aware of the ofender’s guilt. (excerpt)


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