الوساطة الجزائية في قضاء الاحداث شكل من اشكال العدالة التصالحية الدولية
Date
2020-06-04
Authors
صلاح احمد ابوالسعود حنني
salah ahmad abualsoud hanani
Journal Title
Journal ISSN
Volume Title
Publisher
Al-Quds University
Abstract
This study took the criminal mediation juvenile justice as a form of international restorative justice, as a modern pattern to solve the disputes with a criminal nature, with a goal to address the phenomenon of the juveniles violating the law ,with techniques or measures or Alternate content programs for classic criminal justice, and with a human duplicate and Restorative dimension that puts all parties involved in the forefront, In order to achieve justice that satisfies the victims ,and juveniles in conflict with the law and all of society, through measures that depend mainly on consent and communicat and addressing the consequences of crime, by repairing the victim's damages and reintegration of juveniles in conflict with the law and promoting social peace.
The study is divided into two chapters, where the general frame of the study is at the beginning which includes the importance of the study, the problem it discusses, the questions and the division, the first chapter embodied the concept of mediation and restorative justice, this chapter consists of three researches, the first research explained the definition, characteristics and advantages of mediation, the second research demonstrated the definition, principles and goals of the restorative justice for juveniles, according to national and international standards, as for the third research it talked about the criminal mediation in the cases of juvenile in the Palestinian law, from the stage of implementing the mediation agreement and measures that can be imposed on the juvenile in the mediation record.
Whereas the second chapter takes the criminal mediation models as a form of restorative justice for juvenile, it also consists of three chapters, the first research taking the application of criminal mediation at the local and regional levels, the second takes models of mediation at the international level in terms of the most important international agreements related to restorative justice for juveniles ,and the application of criminal mediation at the international level(France as an example), and the third research takes the criminal mediation as a model for the transition from punitive justice to restorative justice in terms of the conceptual framework of criminal mediation and the characteristics and justifications for criminal mediation. This chapter also included the conclusion in terms of study results, recommendations, sources, and references.
Among the most important results returning to Resolution No. 4 of year 2016 regarding the protection of Palestinian juveniles, we have not found any definition of criminal mediation in juvenile cases, we explain that the task of defining terminology is usually not the job of the legislator, but rather is due to jurisprudence, the restorative justice as a method for dealing with juvenile crime is based on fundamental principles that set it apart from the criminal justice approach , the most important of these principles is that it requires action to treat victims, perpetrators and society simultaneously and the active participation of both the victim, the perpetrator and society in the justice process, and the most important recommendation is that there should be room for legal aid and legal advice for the juvenile during the mediation stage to ensure the greatest interest of the juvenile, and to carry out courses to improve the level of the staff responsible for raising children in juvenile centers, because the child today is not the child that was yesterday, because thinking changed, society changed, and conditions changed.