A mediáció lehetőségei a büntető igazságszolgáltatásban munkajogi szemmel

Mediation or agreement between perpetrator and victim in criminal law is a special form of damage reparation. Contrary to the simple reparation – where is no need to have a formal contract between the parties – mediation means a meeting between the parties to make an agreement that suits to both of them. Development of mediation in criminal law has its roots in the birth of diversion. It was a formal legal procedure to rebuild the injured legal system and repair damages. The first programs of mediation have appeared in Canada and the United States. Differently from the conciliation in labour law authorities have to define guidelines about forms of procedures outside the trial, about the process and modes of harmonization to preserve the prestige of state’s power of punish. In the mediation process competence of making decisions are in the hand of the parties too. Parties have to order upon the agreement. This extra-jurisdictional form of agreement means that the potential victim gives up his right to accusation. This agreement frees the perpetrator from the criminal liability. We can say that fundamental principles of mediation are the same in any fields of law, but mediation in criminal law has the most interesting and numerable specification because of the state power.Mediation or agreement between perpetrator and victim in criminal law is a special form of damage reparation. Contrary to the simple reparation – where is no need to have a formal contract between the parties – mediation means a meeting between the parties to make an agreement that suits to both of them. Development of mediation in criminal law has its roots in the birth of diversion. It was a formal legal procedure to rebuild the injured legal system and repair damages. The first programs of mediation have appeared in Canada and the United States. Differently from the conciliation in labour law authorities have to define guidelines about forms of procedures outside the trial, about the process and modes of harmonization to preserve the prestige of state’s power of punish. In the mediation process competence of making decisions are in the hand of the parties too. Parties have to order upon the agreement. This extra-jurisdictional form of agreement means that the potential victim gives up his right to accusation. This agreement frees the perpetrator from the criminal liability. We can say that fundamental principles of mediation are the same in any fields of law, but mediation in criminal law has the most interesting and numerable specification because of the state power