Probácia v systéme trestnej politiky a...
E-book
Vladimír Lichner - Dušan Šlosár
Issues of punishment are directly linked to a state’s criminal policy, which is an inseparable part of its social policy. Historically, the state has held a unique dominant position in the realm of punishment. Once the conditions for imposing a penalty are met, the state fulfills its obligation by sentencing through independent courts. However, it does not address questions of satisfaction, which belong to the victim. The victim may be a specific physical person or legal entity that suffered harm due to the criminal act. This harm simultaneously affects civil society as a whole. The state prioritizes its duty to punish and decide on the matter over compensating the harmed individual or civil society.
By mediation in criminal cases, we mean extrajudicial facilitation of resolving disputes between the offender and the harmed party, with the assistance and personal participation of a mediator. The mediator, as an independent and impartial person, helps parties identify their interests and supports them in finding shared, practical, and realistic solutions to the points causing their conflict. Probation refers to monitoring, supervising the accused, defendant, or convicted individual, as well as providing individual assistance to the offender and encouraging them to lead a lawful life. This reduces the risk of recidivism, or repeated criminal behavior.