Pardon in the light of restorative justice

The main aim of this paper is to consider pardon in the restorative justice context. Beginning from the basic standpoint that restorative justice imposes request for interests-balancing of different subjects connected by criminal act, the author tries to examine the articulation of the aforementione...

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Main Author: Miladinović Dušica
Format: Article
Language:English
Published: Victimology Society of Serbia and University of Belgrade, Faculty of Special Education and Rehabilitation 2007-01-01
Series:Temida
Subjects:
Online Access:http://www.doiserbia.nb.rs/img/doi/1450-6637/2007/1450-66370701037M.pdf
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author Miladinović Dušica
author_facet Miladinović Dušica
author_sort Miladinović Dušica
collection DOAJ
description The main aim of this paper is to consider pardon in the restorative justice context. Beginning from the basic standpoint that restorative justice imposes request for interests-balancing of different subjects connected by criminal act, the author tries to examine the articulation of the aforementioned standpoint through the pardon concept, accepted in domestic positive law. There is no doubt that the institute is designed in favour of the crime perpetrator, which is confirmed by the analysis of different legal effects produced by its content, while the victim- and society interests remained, at least, insufficiently protected. Therefore, the author points to some positive examples from comparative law and poses certain suggestions, that can be of use for eventual reforming of the institute, in order to achieve values of restorative justice. .
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language English
publishDate 2007-01-01
publisher Victimology Society of Serbia and University of Belgrade, Faculty of Special Education and Rehabilitation
record_format Article
series Temida
spelling doaj-art-1926222a88bf45579e818e9be2bb57042025-08-20T03:15:12ZengVictimology Society of Serbia and University of Belgrade, Faculty of Special Education and RehabilitationTemida1450-66372007-01-01101374510.2298/TEM0701037MPardon in the light of restorative justiceMiladinović DušicaThe main aim of this paper is to consider pardon in the restorative justice context. Beginning from the basic standpoint that restorative justice imposes request for interests-balancing of different subjects connected by criminal act, the author tries to examine the articulation of the aforementioned standpoint through the pardon concept, accepted in domestic positive law. There is no doubt that the institute is designed in favour of the crime perpetrator, which is confirmed by the analysis of different legal effects produced by its content, while the victim- and society interests remained, at least, insufficiently protected. Therefore, the author points to some positive examples from comparative law and poses certain suggestions, that can be of use for eventual reforming of the institute, in order to achieve values of restorative justice. .http://www.doiserbia.nb.rs/img/doi/1450-6637/2007/1450-66370701037M.pdfpardonrestorative justice
spellingShingle Miladinović Dušica
Pardon in the light of restorative justice
Temida
pardon
restorative justice
title Pardon in the light of restorative justice
title_full Pardon in the light of restorative justice
title_fullStr Pardon in the light of restorative justice
title_full_unstemmed Pardon in the light of restorative justice
title_short Pardon in the light of restorative justice
title_sort pardon in the light of restorative justice
topic pardon
restorative justice
url http://www.doiserbia.nb.rs/img/doi/1450-6637/2007/1450-66370701037M.pdf
work_keys_str_mv AT miladinovicdusica pardoninthelightofrestorativejustice