|
|
The Victim in the context of Restorative justice
Dleštíková, Tereza ; Jelínek, Jiří (advisor) ; Bohuslav, Lukáš (referee) ; Kalvodová, Věra (referee)
The purpose of the thesis is to confirm or disprove the hypothesis whether alternative methods of crime resolution and restorative programs bring advantages and benefits to the victims of crime. For that reason I perceive the victims of crime from the Restorative justice's point of view trying to identify their interests, needs and expectations arising from the criminal event and trying to get to know whether the criminal procedure, as well as its alternatives, is able to fulfill them. Therefore the thesis is composed of four chapters, each of them dealing with different aspects of the victim from the restorative perspective. The first chapter of the thesis is dedicated to the theoretical analysis of the concept of Restorative justice. It deals with the principles of restorative and retributive paradigms and their relation, it briefly discusses the theory of conflict and describes the restorative process, its principles and the stakeholders - the victim, the offender, their communities of care or their social circles and, last but not least, the facilitator. The stakeholders are a crucial part of the process, as the Restorative justice considers the crime as a social event with negative impact not only on the victim and the offender but also on the society and a social peace, so for that reason the...
|
|
|
Restorative Justice and Alternative Dispute Resolution in Criminal Matters focused on the Victim-offender Mediation
Dleštíková, Tereza ; Jelínek, Jiří (advisor) ; Pelc, Vladimír (referee)
Abstact The thesis studies a theoretic concept of Restorative Justice which considers the crime as a social event with negative impact not only on the victim and the offender but also on the society and a social peace. Furthermore the thesis analyzes the diversions from prosecution as alternatives to the traditional criminal procedure with special focus on those which are not just another type of procedure, but on those which are based on the restorative justice principles emphasizing besides other things the victim's interests, needs and rights, especially the victim's satisfaction both material and moral, avoiding the perpetrator's stigmatization, supporting his resocialization and preventing recidivism, and in general emphasizing the conflict reconciliation. The following theme of the thesis is a mediation process, its basic principles and the role of the mediator in that process. Regarding the general aspect of mediation the thesis deals with the victim offender mediation as a principal model of Restorative Justice. In the field of comparative law the thesis presents the Peruvian criminal procedure and the procedural alternatives and diversions offering the idea of the private prosecution as an inspiration for the Czech legislation. The thesis shows a really positive evaluation of the crime resolution...
|
|
|
The issue of a crime victim in criminology
Dleštíková, Tereza ; Hořák, Jaromír (advisor) ; Vanduchová, Marie (referee)
The aim of this thesis is to examine the concept of victims of crime from the point of view of Criminology. It is presented within the law studies, so its object also consists of the analysis of the international and national legislation relating to the position and rights of the victim, or more precisely, the aggrieved party in criminal procedure. Firstly, the work presents the concept of Victimology - the scientific discipline about the victims of crime, and it focuses on processes and factors of the victimization. The following chapter is focused on the victimology prevention. The second part of the thesis is dedicated to the study of the european legislation regarding the assistance, protection and compensation of victims of crime. Moreover the work describes the victimology legislation of Spain and the Czech Republic and compares the role of the aggrieved party in their criminal justice systems.
|
guest ::
