Pardon in the light of restorative justice

• Main Author: Miladinović Dušica
• Format: Article
• Language: English
• Published: Victimology Society of Serbia and Prometej-Beograd 2007-01-01
• Series: Temida
• Subjects: pardon; restorative justice
• Online Access: http://www.doiserbia.nb.rs/img/doi/1450-6637/2007/1450-66370701037M.pdf

The main aim of this paper is to consider pardon in the restorative justice context. Beginning from the basic standpoint that restorative justice imposes request for interests-balancing of different subjects connected by criminal act, the author tries to examine the articulation of the aforementioned standpoint through the pardon concept, accepted in domestic positive law. There is no doubt that the institute is designed in favour of the crime perpetrator, which is confirmed by the analysis of different legal effects produced by its content, while the victim- and society interests remained, at least, insufficiently protected. Therefore, the author points to some positive examples from comparative law and poses certain suggestions, that can be of use for eventual reforming of the institute, in order to achieve values of restorative justice. .