Description
Abstract
With this article we aim to demonstrate two institutions of restorative justice (r.j.) in Greece and Spain, two EU Member States where continental law applies. We are referring to criminal conciliation and criminal mediation.
In our opinion, it is necessary in the first part of the article to set out the theoretical and practical framework of restorative justice in the EU, in order to recall the necessity of implementing r.j. procedures and programs in the EU Member States. Afterwards, we compare the two institutions between the two Member States, also in addition with the international framework of restorative justice practices and principles, drawing conclusions on the implementation of these institutions in Greece and Spain. We consider it appropriate to highlight the effectiveness of restorative justice through indicative researches that have been carried out in various places all over the world, where r.j. has been applied for many years.
Our goal is to raise awareness of the application of the institutions of criminal conciliation and criminal mediation of the dealing Member States, to the parties involved, as well as the State and citizens. Furthermore, we believe that it is necessary for restorative justice to become an alternative or even complementary form of administration of justice to the traditional penal system, always at the discretion of the parties involved. Finally, our aim is to encourage supplementation of the legislation in r.j. institutions and programs.
Keywords: Restorative Justice, Greece, Spain, Criminal Reconciliation, Criminal Mediation
