Advancing of Restorative Justice in Criminal Law in India and Germany: A Comparative Study
| Published date | 01 July 2018 |
| Date | 01 July 2018 |
| Author | Mehak Bajpai |
| DOI | 10.1177/2516606918765495 |
| Subject Matter | Articles |
Article
Advancing of Restorative
Justice in Criminal Law
in India and Germany:
A Comparative Study
Mehak Bajpai1
Abstract
The need for alternative dispute resolution and its importance is not a new
discovery. Various kinds of informal agreements existed throughout the world when
Alternative Dispute Resolution was not legally recognized as such. It first, however,
was employed only in civil cases, and criminal justice system was exempted from it.
The state undertook the responsibility to impose sanctions (which is very much the
case even now) in criminal matters and the idea of informal settlement in these cases
arrived much later globally. This article seeks to put some light on two systems,
that is, India’s accusatorial system and Germany’s inquisitorial system of trial,
and how both the countries have gradually come up with alternative dispute
resolution techniques, with the primary focus being the victim–offender mediation
programmes (VOMPs) and plea bargaining. The article shall give an overview of
the guiding principle behind these programmes, that is, restorative justice and
further trace the historical development and the present situation in both the
countries. This is a comparative analysis which shall put forth the best out of
both and give suggestions to improve the existing situation, while taking learning
lessons from both the countries.
Keywords
Victim–offender, mediation, restorative, justice, comparative
Overview
The relationship between the offender and the accused has developed through
decades with various transitions, resulting into either victim-centric or accused-
centric criminal justice systems worldwide. But this does not hold true for all
Journal of Victimology
and Victim Justice
1(1) 102–112
2018 National Law
University Delhi
SAGE Publications
sagepub.in/home.nav
DOI: 10.1177/2516606918765495
http://journals.sagepub.com/home/vvj
1
LL.M, National Law University Delhi, New Delhi, India.
This research was conducted by me during an internship with Professor Hilgendorf in Depatment of
Law, University of Wurzburg, Germany.
Corresponding author:
Mehak Bajpai, LL.M, National Law University Delhi, New Delhi, India.
E-mail: mehakbajpai01@gmail.com
To continue reading
Request your trial