Possibilities of mediation in the criminal procedure with the eye of a labour lawyer

dc.creatorRab, Henriett
dc.date2006-01-01
dc.date.accessioned2023-03-02T10:53:14Z
dc.date.available2023-03-02T10:53:14Z
dc.descriptionMediation or agreement between perpetrator and victim in criminal law is a special form of damage reparation. Contrary to the simple reparation – where is no need to have a formal contract between the parties – mediation means a meeting between the parties to make an agreement that suits to both of them. Development of mediation in criminal law has its roots in the birth of diversion. It was a formal legal procedure to rebuild the injured legal system and repair damages. The first programs of mediation have appeared in Canada and the United States. Differently from the conciliation in labour law authorities have to define guidelines about forms of procedures outside the trial, about the process and modes of harmonization to preserve the prestige of state’s power of punish. In the mediation process competence of making decisions are in the hand of the parties too. Parties have to order upon the agreement. This extra-jurisdictional form of agreement means that the potential victim gives up his right to accusation. This agreement frees the perpetrator from the criminal liability. We can say that fundamental principles of mediation are the same in any fields of law, but mediation in criminal law has the most interesting and numerable specification because of the state power.en-US
dc.descriptionMediation or agreement between perpetrator and victim in criminal law is a special form of damage reparation. Contrary to the simple reparation – where is no need to have a formal contract between the parties – mediation means a meeting between the parties to make an agreement that suits to both of them. Development of mediation in criminal law has its roots in the birth of diversion. It was a formal legal procedure to rebuild the injured legal system and repair damages. The first programs of mediation have appeared in Canada and the United States. Differently from the conciliation in labour law authorities have to define guidelines about forms of procedures outside the trial, about the process and modes of harmonization to preserve the prestige of state’s power of punish. In the mediation process competence of making decisions are in the hand of the parties too. Parties have to order upon the agreement. This extra-jurisdictional form of agreement means that the potential victim gives up his right to accusation. This agreement frees the perpetrator from the criminal liability. We can say that fundamental principles of mediation are the same in any fields of law, but mediation in criminal law has the most interesting and numerable specification because of the state power.hu-HU
dc.formatapplication/pdf
dc.identifierhttps://ojs.lib.unideb.hu/DJM/article/view/6524
dc.identifier.urihttps://hdl.handle.net/2437/347260
dc.languagehun
dc.publisherDebreceni Egyetem Állam- és Jogtudományi Karhu-HU
dc.relationhttps://ojs.lib.unideb.hu/DJM/article/view/6524/6113
dc.rightsCopyright (c) 2020 Debreceni Jogi Műhelyhu-HU
dc.sourceDebreceni Jogi Műhely; Bd. 3 Nr. 1 (2006)de-DE
dc.sourceDebreceni Jogi Műhely; Vol. 3 No. 1 (2006)en-US
dc.sourceDebreceni Jogi Műhely; Évf. 3 szám 1 (2006)hu-HU
dc.source1786-5158
dc.source1787-775X
dc.titlePossibilities of mediation in the criminal procedure with the eye of a labour lawyeren-US
dc.titleA mediáció lehetőségei a büntető igazságszolgáltatásban munkajogi szemmelhu-HU
dc.typeinfo:eu-repo/semantics/article
dc.typeinfo:eu-repo/semantics/publishedVersion
Fájlok
Eredeti köteg (ORIGINAL bundle)
Megjelenítve 1 - 1 (Összesen 1)
Nem elérhető
Név:
PDF.pdf
Méret:
289.04 KB
Formátum:
Adobe Portable Document Format