A mediation model from Turkish criminal justice system: A critical reflection on the current situation
Küçük Resim Yok
Tarih
2014
Yazarlar
Dergi Başlığı
Dergi ISSN
Cilt Başlığı
Yayıncı
Erişim Hakkı
info:eu-repo/semantics/openAccess
Özet
Penal mediation today, which is stemmed from common law countries, is one of the global events which inevitably affects most of the law systems including civil law. It is important to practice mediation justly since it may incur some risks particularly for due process rights. The main point to be considered is that the efforts which are being made for healing and strengthening the rights of victims should not be transformed into the violation of the accused’s rights acquired after gruelling fights in the past. The balance between the interests of both victim and accused (and also society) should be provided. The Turkish criminal justice system which is mainly based on the civil law system and in which the judicial actors do not know so much about restorative justice & alternative dispute resolution concepts, should include basic safeguards particularly about confidentiality of process, impartiality of the mediator and juvenile justice. Otherwise the mediation may cause undesirable results contrary to its restorative goals.
Açıklama
Anahtar Kelimeler
Turkish Criminal Justice, Restorative Justice, Alternative Dispute Resolution, Victim-Offender Mediation, Penal Mediation
Kaynak
Bahçeşehir Üniversitesi Hukuk Fakültesi Dergisi
WoS Q Değeri
Scopus Q Değeri
Cilt
9
Sayı
123-124
Künye
Soygüt Arslan, M. B. (2014). A Mediation Model From Turkish Criminal Justice System: A Critical Reflection on Current Situation. Bahçeşehir Üniversitesi Hukuk Fakültesi Dergisi, 9(123-124), 119-137.
