| Abstract [eng] |
The thesis explores the concept, content, and benefits of restorative justice, as well as mediation as one of its models. It also analyzes the exemption from criminal liability when the offender and the victim reconcile, when a juvenile apologises to the victim and compensates for or remedies the damage, as well as the termination of proceedings by a criminal order and the institution of private prosecution, which, although they contain certain elements of restorative justice, cannot be considered equivalent to mediation. In addition, restorative measures applicable in probation are analyzed. Following an analysis of these institutions, insights are presented on how mediation could be beneficial in their application. The thesis reveals the conditions and procedural form of the application of mediation, more specifically, it identifies the criteria for the suitability of criminal cases for mediation and highlights the peculiarities of victims—particularly in cases of domestic violence—that must be taken into account when deciding on the application of mediation. The work draws attention to the benefits of mediation for juveniles. Among other things, it analyzes the application of mediation at various stages of the criminal process, the timeframes required for mediation, and its impact on limitation periods. It also examines the legal consequences of applying mediation and identifies the subject who should have the authority to decide on the application of mediation and to administer the mediation process. Finally, the thesis reviews the practice of applying mediation in criminal justice in European countries and concludes that there are opportunities and perspectives for the mediation process to expand within Lithuanian criminal justice and become a natural form of dispute resolution, complementing the criminal process. |
