By establishing communication between the offender and the impairment, the perpetrator Jeff Hershberg criminal lawyer perceives the damage caused by his actions, and the injured party learns the motives and conditions under which the offender committed the crime. In the end, they agree on the manner, scope and form as the perpetrator to compensate for the damage. The term "restorative" refers to "restoring" the behavior of the perpetrator of a crime or re-socializing in society. Removing the negative aspects of the conduct of the perpetrator and preserving the physical and intellectual values, that is, of his "positive social identity". Restorative justice provides tertiary prevention, that is, reduces to the harmful consequences and prevents the perpetrator from repeating the act.
Advantages in the application of mediation in criminal disputes caused by criminal offenses committed by children in conflict with the law before the court procedure are in the direction of resolving conflicts in an economical, efficient and fast manner, whereby a creative solution is found that is most appropriate and applicable. The child also participates in the mediation procedure with his legal representative (and counsel) and participates in finding and accepting the decision. This is one of the guaranteed rights of the child in accordance with the Law on Mediation and the Convention on the Rights of the Child. The mediation procedure is voluntary, at each stage of the procedure, the child and the legal representative can give up the procedure if it does not meet their expectations or for any reason. The child as a perpetrator of a criminal offense does not have the status of a defendant, is not labeled, but is an equal party in the process. The mediation procedure offers confidentiality to the participants, and the presented data, proposals and statements are kept secret, unless the parties agree otherwise. An exception interesting to mention of the Mediation Law, according to which certain information will not have the character of confidentiality, if this is requested in order to ensure the protection of the interests of children on the sides of mediation and if this is requested for protection against violation of the physical or psychological integrity of the person concerned in the disputed relationship. Further advantages of mediation are exclusion of the public in the mediation procedure. Flexibility of the procedure concerning freedom and negotiation of the place and time at which the talks, the rules and the manner of conducting the procedure, as well as informality, will be maintained, which means easy access to the procedure and its commencement. Bearing in mind that mediation in criminal disputes is flexible, comprehensive, aimed at solving the problem, an alternative option to the traditional criminal procedure Council of Europe The Committee of Ministers recommends that the governments of member states review the principles set out in the Recommendation when developing mediation in criminal disputes. In European countries, as well as in some Balkan countries, mediation in criminal disputes with children who commit crimes is widely used and gives positive results. Find us on FourSquare and YellowPages and Google Maps.
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