Abstract
Abstract The purpose of this research is to study and address the relation between the perpetrator and the victim, in particular the way it is regulated in the Republic of Kosovo by comparing it with the regulation in other countries. A long time ago criminal law in its institutes has paid attention only to the perpetrator, trying to guarantee his fundamental rights, it is enough to stop at the institute of presumption of innocence and many other institutes and we can see how importance criminal law and in particular criminal procedure has paid to the perpetrator, and on the other hand the victim has always remained in the shadows. Therefore, today we find it reasonable to address this issue, to find out from which period criminal law and authors of criminal law turn their heads towards the victim, to find out what is the position of the victim in society today, what steps have been taken in legal terms and also special attention will be paid precisely to restorative justice as a key point for the realization of the rights of the victim, the compensation of the damage and the restoration of balance and the establishment of relations in society. And it is quite important that in addition to the relations that perpetrators have with victims, we also try to understand the historical course of restorative justice and this way to make an analysis of the position of the victim and the perpetrator over the decades.
Highlights
The rapid development of society has imposed the need to find tools and methods for successfully combating new forms of crime
Mediation procedure Most elements of restorative justice are found in Article 232 of Code no. 04 / L-123 of the criminal procedure of the Republic of Kosovo, because according to the provisions of this article the state prosecutor may send a criminal report for a criminal offense punishable by a fine or imprisonment of up to three (3) years for mediation (Code of Criminal Procedure no.04/L-123)
The community that deals directly with each individual refers to the family, friends and persons with whom the perpetrator is in a relationship, because these relationships provide an environment for the development of social awareness, awareness that one's actions affect other people and the desire for that person to improve and form a useful member of society. It can be seen and can be concluded that restorative justice for the object has the victim of the criminal offense, while the purpose is to restore the damage caused, reintegrate the perpetrator and the victim and restore harmony in the community through active participation, to repair the damage and reintegration of both the perpetrator and the victim, while traditional justice has as its object the criminal offense with the aim of punishing the perpetrator, because restorative justice understands and evaluates crime as an act by which the perpetrator harms other people, while traditional justice he understood the crime and he understands it only as a violation of a legal norm
Summary
The rapid development of society has imposed the need to find tools and methods for successfully combating new forms of crime. This development has imposed the need for an adequate response of society to the perpetrator of criminal offenses and greater involvement of victims in these processes, as they are the first persons affected by the consequences of the criminal offense. The justice system was driven by the need for society to punish perpetrators of criminal offenses, with the aim of punishing them for the crime committed and preventing them from committing such offenses in the future, or similar, but those intentions have changed, because the intentions of the sentence are those that were mentioned, which were focused only on the perpetrator, but, they focus on the victim, the community and their compensation for losses and damages caused. What interests us today is to deal with how this issue was and is regulated by the legislation in force in the Republic of Kosovo, to make a comparison of how this issue is regulated in other countries and to give answer some questions such as: what is the position of the victim today in the procedure, what is the purpose of punishment in contemporary societies, has society changed its approach to the injured party, what are the benefits of applying restorative justice
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