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Contributions express the opinion of the author and not necessarily those of the editor or the publisher. The publisher is not liable for any copyright infringement done by the author. Articles and images are slaa verspricht Genesung. The SH Association has existed for 60 years, and currently represents 50 member organisations that are active in victim and offender treatments in the German federal state of Schleswig-Holstein.
Since the SH Association has additionally been active in leading international projects in the field of social responsibility in criminal justice.
Its main tasks are the organization of conferences; publishing the Journal for Social Responsibility in Criminal Justice ; management of working groups of experts in offender-treatment; activities for the further development of victim and offender treatment, this includes consulting services for member organizations.
Other initiatives include advisory reporting for the parliament and ministries; plus the current coordination of a regional project to improve the management of offenders transition from prison conviction to the post release social, vocational and employment services. There is no common translation for the expression restorative justice into the German language so far. The term Wiederherstellende Gerechtigkeit seems to be most appropriate on first sight. The following articles though, especially the fundamental considerations of Prof.
Otmar Hagemann challenge this translation by adding an oversight of existing definitions of 1 For better readability and to avoid
slaa verspricht Genesung problems this foreword abstains from using inclusive language.
All expressions refer to women and men likewise. Foreword the term restorative slaa verspricht Genesung. In the slaa verspricht Genesung of the initially British and German communication it soon became evident, that not only the terminology, but also the legal frameworks, the organizational preconditions and the practical realization of restorative justice measures in Germany and the United Kingdom show immense differences that are made even more complicated by broad regional variations within the two countries.
In referring to article 10 of the European Council Framework Decision from 15 March on the standing of victims in criminal proceedings 2, the discussion led to the central question of which methods of victim-offender mediation or restorative justice are practised in the EU; and for which type of offences is victim-offender work considered and are the current methods appropriate? The answers to these questions are of great importance for all parties that slaa verspricht Genesung directly affected by the social conflict as well as for mediators, but also for those institutions that authorize and assign other institutions to carry out restorative justice measures, in Germany in particular the public prosecution services and the courts.
In Schleswig-Holstein it quickly became clear that there was a great interest in working on this question and therefore also in further developing the quantity and quality of the established practice of victim-offender-mediation.
Decision makers the Ministry of Justice and from the prosecution service signalled their willingness cooperate, the consortium of victim-offender-mediators in Schleswig-Holstein actively participated in the discussion and Kiel University of Applied Sciences regarded the topic as a potential field for action research, had not featured or slaa verspricht Genesung considered in the scientific discourse in any appropriate sense thus far.
So there were decision makers, practitioners and scientists from both public and non-governmental organizations keen to be involved as potential partners of a future project development. March on the standing of victims in criminal proceedings, Article Penal mediation in the course of criminal proceedings; 1. Each Member State shall seek to promote mediation in criminal cases for offences which it considers appropriate for this sort of measure.
Each Member State shall ensure that any agreement between the victim and the offender reached in the course of such mediation in criminal cases can be taken into account. Taking the potential resources for such an action into account, there was an inevitable restriction that had to be made concerning the answers to the core questions. In this regard the project could not be carried out in all regions of the EU at the same time.
Therefore it was agreed to start cooperating with a manageable group of partners from different European countries and, when indicated, to build up on this formula later on. Following this decision, partners from Hungary and Estonia, as well as associate partners from the Russian Federation and the two relevant thematic European networks joined the original group of British and German institutions.
After slaa verspricht Genesung successful bid, the common project with the duration of 24 months was eventually started in October The partners apart from the SH Association are: To find answers to the core question mentioned above, the project mainly consists of a series of three conferences, mutual study visits of restorative justice practitioners from the participating countries plus scientific research led by Kiel University of Applied Sciences.
The kick off conference took place from the 9th to the 10th of February in Kiel. The overall topic of the conference was the analysis and description of the current situation of restorative justice in the regions involved.
slaa verspricht Genesung practitioners from England, Estonia, Hungary, Portugal and Russia attended study visits
slaa verspricht Genesung both public and nongovernmental institutions and at victim-offender-mediation and conferencing procedures between the 7th and 11th of February This publication reflects the speeches and the results of this first conference, including the experiences during the study visits.
Heribert Ostendorf and of the scientific tutor of the project, Prof. Otmar Hagemann, that were presented at the conference, are complemented by an article of federal public prosecutor Dr. We are delighted about this contribution from such a high ranking representative of prosecution, especially, because prosecution officials belong to the most important constituents of restorative justice measures in Germany.
The reports about the respective status quo of restorative justice procedures in the participating countries presented at the conference were already complemented by the report about the status quo in Belgium, given by Prof. This makes sense because Belgium is seen as a country that is well advanced in the practice as well as the legal foundation of restorative justice measures in criminal justice, especially concerning juveniles.
In the course of the project there will be a second conference plus study visits in Tallinn. Besides the continuation of discussions and research that were started in Kiel, the role of victims in slaa verspricht Genesung justice procedures will be the major topic there.
The final conference, also flanked by study visits, will take place in Oxford in It will deal with the results of the project work. Answers to questions of the transferability of the results and possible political demands will have to be answered, statements concerning the sustainability and possibly the necessity of follow up projects will have to be considered.
To provide for a smooth communication between the project conferences and also as a support for the scientific research of Kiel University of Applied Sciences, the project manager of the SH Association developed an interactive web based platform. Access to this platform is, after examination by the webmaster, open to all experts interested in restorative justice.
To reach this aim, and parallel 3 Slaa verspricht Genesung we can hope that there are realistic chances for the perspectives of restorative justice that are to be developed in the framework of the project to be fully realized in Schleswig-Holstein. We do hope that similar networks that integrate decision makers can be developed in the other participating countries as well.
In any way we are optimistic that all participants can benefit from the scientific research and the practical experience gained abroad. In the name of the project leader Schleswig-Holstein Association for Social Responsibility in Criminal Justice; Victim and Offender Treatment and as co-editor of this publication, I would like to thank all authors for their contributions. Therefore, my very sincere greetings are directed towards our guests from Great Britain, Estonia, Hungary, Belgium and the Russian Federation.
I hope, everyone had a good journey and was able to settle in Schleswig-Holstein in the previous two days. Very sincerely I would also like to welcome all German specialists for being here today, and in such great numbers. At this point, I do not want to overlook thanking the Schleswig-Holstein Association for Social Responsibility in Criminal Justice, Victim and Offender Treatment as the project promoter and the Kiel University of Applied Sciences as another project partner and host of this conference for the preparation of the project and the kick-off conference.
Let s be honest: What shall be restored? At least, in their guidelines, the Council of Europe encourages to introduce Slaa verspricht Genesung Justice programs in its members states. In many countries criminal justice is focused through the law on the people, who are suspected to have committed a crime. Their status as an offender and their guilt shall be identified and sanctioned by judicial means.
At least this is a very essential purpose of the acknowledged intention of punishment. Obviously it also concerns the so-called prevention through general or individual deterrence or through therapeutic or pedagogical effects on the convicted persons.
Criminal law, in its conventional sense, is therefore offender-oriented and based on guilt. Victims are not present at that step at best as witnesses, and if required for the conviction of a suspect. In Germany over the past few decades and with good reason, a stronger focus on victims has been demanded. This is a necessity that was not totally ignored: In such a system of criminal justice, the offender and victim do not come into noteworthy contact and usually confront each other mostly through adversarial and hostile encounters and are dissociated from one another and sometimes act to represent their slaa verspricht Genesung individual interests.
This field of work could under certain circumstances be expanded. VOM now pursues a different idea than the conventional thought that I have just outlined and clarifies what has to be the main future focus: VOM strives to bring victim and offender together for a dialog on a voluntary basis, in order to reach an agreement and material compensation. Another focus is to give the offender opportunity to realize what consequences the criminal offence has had, by allowing the victim to talk about it in the presence of the offender.
A goal of VOM is also to reach an agreement based on understanding and clarification of the dispute caused by the offence and sustainable acceptance of responsibility by the Words of Welcome offender. If it is now assumed that in this country the requirement of the Council of Europe guidelines are being fulfilled, then this is only partly correct because VOM only directly refers to the offender and the victim.
But what about the community and the circle of friends surrounding the two parties, as well as their working environment, their neighborhood, who are regularly or at least often affected
slaa verspricht Genesung the crimes and their consequences? Who considers that those concerned also have important functions, in regards to supporting and stabilizing the victim in the long term for instance?
We should however also study successfully applied methods elsewhere, and review to what extent they could be
slaa verspricht Genesung here, if appropriate.
Dear Ladies and Gentlemen, That is why we are here today: For these reasons, the project promoted by the EU is also supported by me. The group is made up of representatives of agencies, associations and other non-governmental agencies. Myself as a president of the district court, have applied mediation within the proceedings and appreciated it. Since a long time, I stand up for the introduction and expansion of mediation in civil procedures. According to my opinion the basic idea of mediation in criminal law is beneficial for all participants.
We should therefore figure out to what extent the procedure of Restorative Justice could applicable in the future for minor offences and under circumstances for other cases.
At the same time the damage that has to be compensated should justify the significant effort. This requires willingness to rethink and openness for new cooperative models. I wish everyone a successful conference and will assure that I will, driven by personal interest, further engage in this process of legal policy. I thankful for your attention and wish you all a successful conference, many stimulating conversations and good memories of Schleswig-Holstein.
While the former president of the Federal Court of Justice, Dr. Pfeiffer, in still stated that after the negative experiences in the times of National Socialism it must be the first task of the rule of law to guarantee the rights of offenders and deal with victim rights afterwards see Pfeiffer In the meantime voices which argue on behalf of victim support have slaa verspricht Genesung unmistakably even-handed if projects of social responsibility for the benefit of offenders are concerned.
The treatment initiative victim support is a good example for this. From this development a trend can be derived that the turning towards victim protection implied at that time by Pfeiffer has fully occurred. Against this background the following
slaa verspricht Genesung will focus mainly on victim support and VOM.
Both movements evolved nearly simultaneously in the mids. While victim assistance arose from a partisan approach according to the ideas of the women s movement in order to lend the victim support; Victim-Offender Mediation arose from the work with young offenders in which the principle of education played a major role.
Already at that time, victim-representatives pointed out that for the slaa verspricht Genesung of a Victim-Offender Mediation, the victim must be asked as 1 The German manuscript was translated by Otmar Hagemann and Ricarda Lummer with the author s consent.
Legal Background On 30th Augustthe Juvenile Court Act was amended in the manner that VOM was inserted as a referral order into section 10 not at last as a result of the discussion slaa verspricht Genesung the legal policy Forum in Bonn.
This made clear, that the legislator wanted VOM to be a measure of diversion, hence as a way out of the criminal procedure. However, with the introduction of VOM in the criminal code for adults, the legislature did no longer strictly follow this initial concept: The 1st Criminal Panel of the German Federal Court of Justice which is responsible for basic principle decisions formulated this in the 48th volume of the official collection p.
The legislator has based the content of section 46a No.
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slaa verspricht Genesunga voluntary basis, in order to reach an agreement and material compensation. Other than agreement and Whereas recommendations and guidelines of the Council of Europe and the United Nations 22 to implement and promote RJ cannot be claimed in court, the framework decision 23 which calls upon all member states to implement RJ procedure according to article 17 into binding national law until The preamble refers to a report of a commission which was presented already on 14 th July and was ratified officially by the governments on 15 th June It deals primarily with an improvement of the position of victims but already article 1 refers to mediation in penal matters. In particular, the slaa verspricht Genesung conditions and instructions may be applied: Section 11, subsection 3, and slaa verspricht Genesung 15, subsection 3, second sentence, shall not apply. Another aim is the improvement of the co-operation between justice and social work or other professions which are often offering RJ programs.
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