Abstract
The topic of restorative justice and its institutionalization within or parallel to the
ordinary criminal proceedings is developed through an analysis of the French and
Belgian systems. Each of them has a specific criminal procedural framework,
different discretionary powers entrusted to the prosecutors, and a peculiar role of
governmental directives on criminal policy, all of which offers arguments for a
broader analysis of the contradictions and inconsistencies with the fundamental
principles of restorative justice. Indeed, it is through the intersections with the
criminal proceedings that restorative justice adopts a multi-faceted shape: often a
management tool to soften the workload of prosecutors, at times a net-widening mechanism to expand social control, other times a carrier of a cultural rethinking
of criminal justice in a more genuinely restorative way
| Translated title of the contribution | [Autom. eng. transl.] Restorative justice in France and Belgium between established institutions and recent regulatory changes |
|---|---|
| Original language | Italian |
| Pages (from-to) | 1982-2001 |
| Number of pages | 20 |
| Journal | RIVISTA ITALIANA DI DIRITTO E PROCEDURA PENALE |
| Volume | 2015 |
| Publication status | Published - 2015 |
Keywords
- Belgio
- Francia
- giustizia riparativa
- justice restaurative
- justice réparatrice
- mediazione penale
- médiation pénale
