Publication details
Nástroje restorativní justice pro přijetí odpovědnosti pachatelem
| Title in English | Restorative justice tools for offender responsibility-taking |
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| Authors | |
| Year of publication | 2023 |
| Type | Appeared in Conference without Proceedings |
| MU Faculty or unit | |
| Citation | |
| Description | One of the key aspects of promoting restorative justice is the acceptance of responsibility for the crime by the offender. However, this process is not so much a legal matter as a mental one in the internal sphere of the offender. Yet the procedural and substantive rules of criminal law motivate the offender to accept responsibility (or at least to confess, which does not necessarily correspond to the factual situation) in certain ways, as do other legal instruments. From the point of view of the effectiveness of criminal sanctions, acceptance of responsibility is also an extremely important factor which contributes significantly to the fulfillment of the individual-preventive and educational function of punishment. We should therefore be interested in how we can help and support this process across offender types. A wide range of tools is offered by restorative justice and its practice, which we can draw for inspiration both from abroad (already established) and from recommendatory texts, reports, recommendations, etc. The most common restorative justice methods for offender acceptance of responsibility are: victim-offender mediation, restorative conferences (family, community, work, school...), circles (peacemaking, sentencing...), probation programs, restorative programs more generally, and many more. This paper will explain some of these tools and indicate the method by which they contribute to the offender's acceptance of responsibility and their possible outcomes. |