| Abstract [eng] |
The Master’s thesis analyses the subject of the features and perspectives of restorative justice in the Lithuanian criminal justice system, examining the insights presented by foreign and Lithuanian lawyers in scientific articles, the objectives and narratives of the European Union legal acts, approved on a regional scale and the regulation established in the national legal acts, as well as analysing the criminological research carried out and the examples presented in the statistical and case law that make the situation in Lithuania more concrete. This theme is revealed through the features of the concept of restorative justice and the idea of its emergence and its prevalence. The origins of the concept go back to the time of the teachings of the Christian faith, which indicates its longevity and important place in people’s social life, while establishing and maintaining bonds of communication with one another. It is noteworthy that the idea arose and not only developed, but also spread around the countries geographically located in the west. This implies drawing Lithuania’s attention and seeking to introduce innovative restorative justice institutes into the prevailing formal justice model, thus making the criminal proceedings beneficial to all entities involved. In examining this topic, the elements embedded in the current regulation, which contain the ideas of the aforesaid concept, are distinguished and elaborated. It is noted that in the Lithuanian criminal procedure the reconciliation and apology, compensation for damage and other institutes established in Article 38 of the Criminal Code of the Republic of Lithuania are applied, which have a restorative effect on the parties to the conflict. The thesis analyses social, legal, organisational and psychological reasons that distinguish the perception of communicational relations among the societies living in the countries. The members of the Lithuanian society, guided by the motive of revenge, the purpose of punishment and condemnation, hinder the development of restorative justice and its establishment in the Lithuanian criminal justice system, as revealed by the criminological research and the public survey statistics. Although there are some institutes that are applied in practice, which have advanced means of resolving the criminal conflict, such as reconciliation and redress, yet there is no institute for mediation in place and proper communication between the parties to the conflict after the commitment of the criminal offence is not ensured. The sense of insecurity and closedness of the members of the Lithuanian society and guidance by primitive psychological reasons is a post-Soviet rudiment, which has remained due to the historical past, for this reason the thesis proposes measures and development ideas on how to integrate and encourage the public to recognize the concept of restorative justice in the Lithuanian criminal justice. |
