Regulation of Restorative Justice in the European Union and its Importance for Strengthening the Standing of Victims of Crime in Georgia

Abstract

In the modern world the restorative justice gains its popularity day by day and it becomes a very important mechanism to meet the interests of the victims of crime. According to the victims of crime,  they feel recognized, gain back the sense of security and it becomes easier to recover from the impact of crime by means of restorative justice. Because of  these positive effects, the restorative justice gained attention on the international level. As a result standards regarding to the restorative justice were laid down in a number of international instruments.

 It should be mentioned,  that Juvenile Justice Code in Georgia is familiar with the diversion and mediation program, which represents the restorative justice. Regarding to the adult justice system, the Criminal Procedure Code of Georgia is familiar with the diversion institution and one of the conditions of the diversion, particularly, full or partial compensation, at the first glance, may be considered as the restorative justice. But the analyse of international standards and practice give us the reason to conclude that the compensation alone could not be considered as a form of restorative justice. Therefore in Georgia the victims of crime (if the case is not handled by the juvenile justice) do not enjoy access to the restorative justice, which put them in the weak legal standing. Therefore this article aims to clearly demonstrate the standards of the restorative justice, to highlight the characteristics of the diversion, which is laid down in the Criminal Procedure Code of Georgia, to emphasize that the victims of crime do not have access to the restorative justice and in this way to promote its establishment in the adult justice.