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The Postulates of Restorative Justice and the Continental Model of Criminal Law : As Illustrated by Polish Criminal Law.

Dukiet-Nagórska, Teresa
June 4, 2015

Source: (2014) Frankfurt : Peter Lang GmbH, Internationaler Verlag der Wissenschaften.

The concept of restorative justice, which focuses on extinguishing the social conflict caused by criminal offense, has been received with growing interest on the part of both legislators and specialists in legal sciences throughout the world. This publication answers the question to what extent the classic model of criminal justice (including its fundamental principles and miscellany of penal measures) is able to meet the challenges posed by that concept. The doubts indicated in the study have been illustrated by normative provisions taken from Polish criminal legislation. (From WorldCat) Contents: The Concept of Restorative Justice (Leszek Wilk and Piotr Zawiejski); Forms of implementation of restorative justice postulates; Criticism of restorative justice; The influence of the concept of restorative justice on modern criminal law; Damage and its Redress in Criminal and Civil Law: The Doctrinal and Case-Law Position to Date (Piotr Zawiejski); The obligation to remedy damage in criminal law; The concept of damage in civil law; Types of loss in civil law; Grounds for compensatory delictual (tortious) liability in civil law. Means of redressing damage in civil lawAn Attempt to Assess the Manner in which Damage and its Redress can be Understood from the Point of view of Fundamental Principles of Criminal Law (Teresa Dukiet-Nagórska); Introductory remarks; The principles of nullum crimen and nulla poena sine lege; The principle of guilt; The relevance of directives on the level of sanction; The Mediation Settlement as a Directive of the Level of Sanction (Dominika Bek); Remaining general directives of the level of sanction and restorative justice; Probation measures in light of the theory of restorative justice. Complementary remarksConclusions; Active Repentance at the Stage of Preparation for or Attempt at an Offence and Restorative Justice (Olga Sitarz); Terminology; Active repentance before committing the offence; Requirements with regard to the conduct of the perpetrator of the prepared or attempted act; Subjective aspects of active repentance: requirements relating to voluntariness; The legal consequences of active repentance; The functions of active repentance; Active repentance and restorative justice; Post-Perpetration Active Repentance and Restorative Justic (Olga Sitarz, Leszek Wilk). Selected Aspects of Enforcement of Judicial Decisions Awarding Redress of a Damage (Anna Jaworska-Wieloch)Problems with the execution of compensation awarded under art. 415 CCP; Performing of the duty to redress damage, awarded as punitive measure; The execution of the duty to redress damage, as awarded along with the penalty of restriction of liberty; Problems involving the execution of the duty to redress damage awarded as a probation requisite; Summary; The Concept of Restorative Justice in Fiscal Penal Law (Leszek Wilk); Introduction; Damage in fiscal penal law. The wronged party in fiscal penal lawThe process of redressing damage in fiscal penal law; The execution of reduced public receivables and the concept of restorative justice; Conclusion; The Idea of Restorative Justice: An Attempt at a Comparative Analysis (Jakub Hanc); Swiss Confederation; Republic of Austria; Final Conclusions.


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