ZOBOWIĄZANIE DO NAPRAWIENIA SZKODY W POSTĘPOWANIU W SPRAWACH NIELETNICH
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Date
2007
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Publisher
Wydział Prawa i Administracji UAM
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OBLIGATION TO COMPENSATE THE LOSS IN PROCEEDINGS INVOLVING JUVENILE OFFENDERS
Abstract
The increasing interest in the model o f restorative justice finds its expression in the need to
introduce a judiciary paradigm that would be an alternative to retributive justice. This model serves
as a complementation o f the traditional system and includes solutions catering for loss compensation,
mediation and disturbed law restitution with active participation of the offender and the victim. This
new developmental tendency encourages deliberations on the implementation o f the idea of
restorative justice in the Polish model of proceedings in juvenile delinquency matters and
compensation instruments included in it. Among others, those instruments consist of an obligation
put on a juvenile delinquent to compensate the loss, to perform a particular work or to provide services
for the victim or the local community; all used as an educational means or a condition upon which
a release on probation is granted. Pronouncing such punishment is determined by the circumstances
calling for the use of educational means and the Family Division refers to them when a juvenile
offender demonstrates signs of moral decay or has committed a punishable offence. Deliberations on
the subject of remedies which at least partially satisfy victim’s claims are related to the problem o f the
regulations of the scope of victim’s rights included in the Juveniles Proceedings Act.
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Citation
Ruch Prawniczy, Ekonomiczny i Socjologiczny 69, 2007, z. 2, s. 127-136,
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ISBN
ISSN
0035-9629