| Abstract [eng] |
This master thesis analyzes the perspectives of mediation in Lithuanian criminal proceedings, examining both significant legal acts, the conclusions made by scientists in the doctrine, the practice of foreign countries, and the explanations provided in the case law. At the beginning of the work, the concept of mediation and its emergence in criminal proceedings is analyzed. The historical development of mediation is examined on the basis of the practice of foreign countries and international legal acts that have started to promote the development of mediation and other models of restorative justice. The content of mediation in criminal proceedings is also examined. Mediation is compared with other models of restorative justice, and the main principles of mediation and their significance are also distinguished. In addition, based on various sources and research data, the main advantages, benefits and disadvantages of mediation are presented. The main focus of the work is on the problems and possibilities of the application of mediation in Lithuanian criminal proceedings. Mediation is compared with the institute of reconciliation established in Lithuania and its main shortcomings are highlighted. Possibilities of establishing mediation in Lithuanian criminal proceedings are also analyzed. The need for legal regulation and the possibility of applying mediation at all stages of criminal proceedings are discussed. Entities that can refer to mediation, terms and costs of mediation are examined. The general procedural conditions, the legal consequences of mediation, the analysis of cases suitable for mediation, and the requirements for mediators are distinguished. In addition, the need for scientific evaluation (monitoring) of mediation projects and the significance of the dissemination of information on the possibilities and benefits of mediation are presented. |
