Täter-Opfer-Ausgleich im Allgemeinen Strafrecht: erste Erfahrungen mit der Konfliktregelung durch die Gerichtshilfe
There are several Victim-Offender-Meditation-Programs in Germany for young offenders with the aim of diversion. Compared with this situation mediation as an alternative way is hardly accepted by the criminal justice system. The concept of mediation has no place, where the traditional theory of punis...
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| Format: | Electronic Article |
| Language: | German |
| Published: |
1988
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| In: |
Kriminologische Forschung in den 80er Jahren ; [3,2]
Year: 1988, Pages: 1043-1054 |
| Check availability: | HBZ Gateway |
| Related Items: | Elektronische Reproduktion von:
1451983034 |
| Summary: | There are several Victim-Offender-Meditation-Programs in Germany for young offenders with the aim of diversion. Compared with this situation mediation as an alternative way is hardly accepted by the criminal justice system. The concept of mediation has no place, where the traditional theory of punishment demands that the offender is wounded by law. Therefore and because of further practical problems the existing opportunities of mediation rules from the decision to prosecute over an additional reaction to an important aspect of sentencing is not yet taken up by the criminal system. Our project tries to implant mediation in practise. The social service of the public prosecutors tries to solve the conffict between offender and victim with the aim to give up prosecution or to reduce the expected sentence. The first results of 104 cases are encouraging: More than 80 % were successful with regard to the aim. The treated offences were various but with a main stress on physical injury. That is valid for the successful cases as weil as for the unsuccessful ones. The mportance of solving the conffict and mediation appears with regard to victim-offender-relations: 2 out of 3 at least knew each other. Especially the victims appreciated the efforts of the social worker. The negotiated reparation and mediation improves the victim-offender-relations and almost no victim wanted further prosecution. The work had a favourable effect on the criminal proceedings. 70 % of the cases were given up by the attomey. In the remaining cases mediation was considered in the sentence. |
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