Restorative justice and criminal justice integrative model

Authors

  • María Cristina Martínez Sánchez

DOI:

https://doi.org/10.5944/rduned.16.2015.15252

Keywords:

restorative justice, agreement, mediation, restorative methods, integration into European justice systems, principles and guarantees of rights

Abstract

This paper deals with the concept of Restorative Justice, from the theory of criminal law as a response to crime and its practical development in connection with the principles guaranteeing the rights, uncritical parties. At present, there is a tendency of traditional justice to the derivation formulas that favour the agreement between victim and offender, in some cases with community involvement. European law has encouraged Mediation and other restorative methods, through Recommendations and Directives must transposition for member states. A description and analysis of the Spanish legislation in relation to restorative justice, both positive law and draft laws, in order to present the current state of affairs in our country, and an assessment is also done not without certain implicit subjectivity towards an integration of this new conception of justice in our criminal justice system.

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Published

2015-01-01

How to Cite

Martínez Sánchez, M. C. (2015). Restorative justice and criminal justice integrative model. Revista de Derecho de la UNED (RDUNED), (16), 1237–1263. https://doi.org/10.5944/rduned.16.2015.15252

Issue

Section

Premios de Artículos Jurídicos "García Goyena": Tercer Accésit